The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-07-07
|DEFIES THE COURT
Serratella, the AbeTnethy|
+ Witness, Held by War
den Lennon.
EXAMINATION AGAIN POSTPONED
Senator Daily Tries to Get a Writ
of Habeas Corpus, but Does
Not See the Judge.


The examination of Patrolman Henry
Abernethy, accused of highway robbery.
set down for a hearing this morning be-
fore Police Justice Nevin, developed .
small sensation and precipitated con-
aict between the authority of the Police
Magistrate and the Prosecutor of ths
Pleas.
Last week when Justice Nevin was
about to hear the story of Serratella- ths
complaining witness, a Constable from
the Prosecutors Office appeared with q
| message to Police Justice Nevin saying
| that the case had been presented to -
Grand Jury and it was consequently OUT
of the Jurisdiction of the Police justice
and directing Mr.. Nevfn to commit the
witness Serratella to the County JAN pend
ing the deliheration of the Grand Inquest
Justice Nevin was somewhat in doubt as
to what he should do, so he adjourned the
case until this morning. Serratella in the
meantime was arrested and taken up to
the County Jail.
This morning when Justice Nevin took
his seat the accused policeman came into
the court room accompanied by his two
brothers, Police Commissioner Hugh H
Abernethy and Maxwell Abernethy, his
counsel, Senator w. D. Daily and Mr.
William Klink
'tSend an officer TO the County jail di-
recting them to send down here Serra-.
tella, the complaining witness in the case
against Henry Abernethy.' said Justice
Nevin, and a policeman started of to the
jail on top of the hill. In the course Of
an hour the officer returned, but with no
Serratella in tow.
Where is Serratella?" asked the Court.
''If it please your Honor, Warden Lem
| nan wouldn't give him up said the
| officer.
What did he say?" pursued the Court,
| and the officer said that the Warden said
| he was acting under advice.
Whose advice, the Prosecutors?''
HE didn't say
| Justice Nevin looked clearly annoyed
and held a long consultation with Presi-
| dent Abernethy, who was sitting behind
him. Senator DAILY and Mr.. Klink were
conversing together. while the accused
officer looked grave and nervously twirled
| his moustache. This went on for few
minutes, when Senator DAILY walked ue
| to the bench and in a firm tone said
s.Your Honor. in my opinion a grave in
| justice Is being done here and must say
| q violation of law and decency. There Is
! clearly an attempt to defy the power OF
| the Court and the action of the Prose-
cutor's office in this case seems TO me to
| be an insult to your Honor and an at
| tempt to impugn the motives of this
| court. 1t is an outrage against the liberty
4 of my client here, who demands an exa1ni-
nation into this charge and cannot get 1t.
| Counsellor Klink then took a hand and
| ne said that the action of the Prosecutor
was to say the least, surprising Tno
| extraordinary activity displayed in the
| case of the policeman, he said, savoTeo
very much of persecution. Such activity
was very unusual, Mr.. Klink said. in the
| Prosecutors office and it would be better
| if it were employed in other quarters
Policeman Abernethy, he continued. was
| charged with a grave crime and by the
action of the Prosecutor in locking up the
| complaining witness the examination
/ would not be tried for four months at
lleast and that meant this serious impu-
| tation hanging over the policeman's head
He. counsel. was sure that If the examina-
ton was at once to proceed the ridiculous
charge could easily be disproved and the
prisoner discharged. as he ought to be-
| yes added Senator Daily, your
| Honor will see what a grave injustice IS
being done to this man. Now, your Honor
/ should at once sue out writ OF hapeas
| corpus and have this matter brought I'M
| mediately to the attention Of the upper
court"
| Justice Nevin reflected a moment and
then said he would adjourn the examina-
\ ton until four o'clock this afternoon.
| His Honor in the meantime will take ad-
vice of counsel as to what course he will
| pursue. Senator DAILY and Mr.. Klink left
/ court at once and took car TO the Court
House on the Hill to see either Judge
Hudspeth or Justice Lippineott.
| Senator Daily and Assembiyman KlinE
| waited around the Court House for over
| two hours waiting for Judge Lippineots
| to get through with the Clayton-Green
case. They must have tired waiting, for
they left They had no sooner gone when
| the Judge became disengaged. Cours
! attaches tried to find Messrs. Daily ana
/ Klink but could not. When The. News 4
| went to press nothing had been done to-
| ward securing the release of Serratelia-