The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-02-18
BAR VERSUS BENCH
Lively Tilt Between Judge
Hudspeth and Sem
ator Daily
OVER AN ACCUSED MANS RIGHTS
Can He Be Excluded From His
Own Trial Apologies
This Morning.
OVER AN ACCUSED MANS RIGHTS

There was an exciting scene in the
General Sessions Court yesterday after.
noon just before four o'clock, the usual
time for adjourning. John Sherlock had
been on trial all the afternoon for as
sauiting Mary Delp, an eight-year -old
girl. in. Harrison on November 2s II is
alleged that he took the child into his
fathers house duriig the absence of the
family and brutally assaulted her She
was in a critical condition for some time
and under the care of physician
Senator DAILY, who was defending the
prisoner. was in an aggressive mood all
day and objected to everything. He and
the Assistant Prosecutor had several
tiffs. Afterward the Senator got into a
wrangle with the Court and was called
down a number of times.
Toward four o'clock the Temperature
of the court room was at fever heat.
The defendant added fuel to the fire by
interrupting the witnesses for the Stats
with such remarks as you lier' that's
a liel'
Judge Hudspeth warned him several
times to keep quiet, but Sherlock paid
no attention to the warnings. Finally
Judge Hudspeth decided that the only
way to keep the defendant quiet would
be to remove him from the room, and
ordered constable to remove him.
Senator Daily vigorously protested. Judge
Hudspeth said he had given the defen-
dant sufficient warning and insisted upon
his removal. The constable escorted
Sherlock to the jury room. Then Sena-
tor DAILY renewed his protest and insisted
that the defendant had a constitutional
right 10 be present at mis- trial
The case will proceed" remarked
Judge Hudspeth.
Then 1 withdraw from it, said Sena-
fendant is present"
Very well,'''.. replied Judge Hudspeth.
1.-The Court viii assign other counsel
Senator DAILY became extremely deron-
stratfve. He denounced the injustice OF
trying a man in his absence and became
SO violent that Judge Hudspeth raped
his gavel vigorously and ordered him 10
sit down. The Senator refused to sit
down, and in his excitement said some
present constituted would not be In ex-
istenee a great while longer.
Judge Hudspeth again ordered the
Senator to sit down and declared that II
he refused to obey the order of the Court
he would be committed for contempt
The Senator became more docile. but ne
still insisted upon the constitutional right
of his client to be present at his trial.
After some further wrangling Judge
close by announcing that the trial would
be adjourned until this morning. Sena-.
tor Daily said his duties would keep him
in Trenton, but the Judge would not al
to understand that an apology would be
expected from him.
Before the trial was resumed this mcrn-
ing Senator DAILY apologized. He said
that during the trial of the cause yester-
day afternoon he had in his aggressive
ness made some remarks which were cali
culated to offend the dignity of the Court.
eff l made any undue or rash comments
l am willing to apologize, and do apollo
gize" he continued, land in doing so /
am not in the least sacrificing my self
respect The personal and friendly re-
l5tions which have always existed between
us | am unwilling to estrange at this or
any other time. In the heat of a trial
my aggressiveness may sometimes lead
me to be indiscreet. but that indiscretion
is not intended in the leastwise to offend
this Court
'Tne remarks of counsel afford the
greatest satisfaction to this Court" re-
pled Judge Hudspeth. ''He has made the
fullest reparation in his power:
Then the trial went on. The defers9
is an alibi The case had not been fins
ished at recess.