The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-07-08
"VINDICATED',; BUT
Police Justice NeVin Thinks
the Proof That Aber-
nethy is a Thief is
insufficient.
sERRATELLpS STRAIGHT STORY
The Accused Discharged and
Promptly Rearrested on
Charge of Highway
Robbery.
sERRATELLps STRAIGHT STORY

up an Indictment against Henry NJ. Aber-
nethy for robbery. A bench warrant was
issued for his arrest and turned over to
Constable Hague to be executed. Before
Hague could leave the Court House, how
ever. Abernethy appeared. He sand that
he had heard that an Indictment had
been found against him and he came to
surrender himself. He pleaded not
guilty to the indictment and was released
on 5000 bail, William w. Farrier becom-
ing his bondsman
While Detective Dalton was waiting in
the Sessions Court this morning to have
q prisoner arraigned. a messenger from
Police Headquarters brought him a sub
poena for Serattelli, the Italian witness
against Policeman Abernethy, accompa-
MED with instructions from Chief Muir
ply to bring the Italian down to Judge
Nevin's court. Detective Dalton went
over to the County Jail and exhibited
the subpoena to Warden Lennon and
asked for Serattelli.
The Warden declined to surrender him.
The detective then hunted up Corporation
Counsel Blair, and Mr.. Blair made an
application to Justice Lippincott for
writ of habeas corpus ad testificandum.
The writ was granted. Detective Dalton
took ii down to the Sheriff,s office and
handed it to Under Sheriff Heavey.
The Under Sheriff communicated with
Sheriff Heller and then with Prosecutor
Winfield. Under Sheriff Heayey, Detec-
tive Dalton and Constable Hague organ
lied procession and marched to the
County Jail The writ was presented to
Warden Lennon and Serattell was
brought out. He was turned over to
Constable Hague, who took him to Judge
Nevin's court. The writ requires that
when the italian gives his testimony he
must be returned to the County Jail
The examination In the case of Aber-
nethy on the charge of larceny of ninety
seven cents and two knives from Serrat-
tell, on the morning of June 27, took
place later in the day before Justice
Nevin in the First District Police Court.
Assistant Prosecutor Joseph NJ. Noonan
represented the State and Counsellors
William D. Daily and William NJ. Klink
appeared for the accused.
SerrateIi was placed on the stand and
gave his testimony through the Italian
interpreter of the county courts, max
ing substantially the same statement as
previously made by him regarding the al
legged robbery, viz: that while on York
street, about four o'clock in the morn
ing, searching for butts of cigars to
smoke through the day, he was seized by
Abernethy, who took from one pocket of
his trousers his pocketbook, containing
81 cents, and from another pocket two
knives. Abernethy, he said, took the
money out of the pocketbook and re-
turEed 1t to him empty, and then told
him to go on and thought he added,
Thirty days, Snake HILL"
The counsel for the accused making an
attempt to cross-examine the complain
ant, the Assistant Prosecutor OBJ
jected on the ground that for eight hun
dred years it has been a well settled
principle of law that a complaining wit
ness is not subject to cross-examination
on a preliminary examination.
Mr.. Klink contended there was no proof
that such law, if any such ever existed,
had not been repealed six hundred years.
It had always been the custom to allow
the privilege of crpss-examination in any
court.
Senator DAILY claimed that the Con-
stitution gave the right TO every accused
person to be represented by counsel and
that includes everything pertaining to
AS Mr.. Noonan failed to produce any
Justice Neyin overruled the objection.
SerratelH testified that on arriving in
this city he went to board with an uncle
at No. IL Railroad avenue, in which house
he met Joseph Lorenzo, of Red Bank, and
went to work for him at the latter place
for one month. Lorenzo was here on the
morning of June 27, after his encounter
with Abernethy and he told him what
had happened and Lorenzo took him to
the police station to make complaint to
the Sergeant. Although he lost only 81
cents, he paid Lorenzo 81 per day for
three days to act as interpreter for him,
just to- show that he knew something
about the law and was not fool. No
person had even offered him any reward
or recompense Tor making TINS company
and he had talked to no one about 1t
except Lorenzo and his uncle He had
been arrested once in italy for stealing
wood belonging to the government
Sergeant Reinhardt testified to seeing
Abernethy deliver two knives to the clerk
In the police station.
Chief Murphy testified to the identifca-
ton of Abernethy by serrateln as the po-
Justice Nevin thought the evidence of
robbing insufficient to warrant holding of
the accused ps for the n Gana Ia as ury and
ately rearrested by Maurice Stack on
warrant issued by Justice Macs. charging
highway robbery and taken to the Court
willing to become his bondsmen.
Serrateilfs appearance in court was the
result, in part, OF the following letter.
Jersey City, July 8, 1897
the Pleas, Hudson county, N. j.
Dear Sir-The case of the State VS..
Henry Abernethy, a member of the Police
Department of Jersey City, charge Tar
ceny from the person. of one Michael
Serratelli, is before me and as yet un-
determined owing to the fact that said
Serratelli is detained In the Hudson
County Jail as a witness an similar pro-
ceedings upon complaint made. to Justice
of the Peace Macs by an attache of your
aThere is no necessity for me to re-
hearse the particulars attending. the sew
eral adjournments of the examination in
2 to July Z. with all Of which you are
familiar My purpose In addressing this
to yo1I IS TO make formal
demand that the complainant. Serratelii.
be produced before me in the First Grim
inaI Court at eleven o'clock A.. M, today.
June s, in order that may proceed as /
am compelled to do, with the examination
in this case. -
The examination was adjourned from
vest terday morning, July Z, to four O'Clock
In the afternoon, as you are aware, to give
you an opportunity to allow Serratelli to
be produced before me. Your failure to
do SO and his non-aDp earance caused an
this morning, July 5, and Is the occasion
for this communication, The counsel for
Abernethy demand that this examinatfon
be no longer adjourned and insist that 1t
be proceeded with this morning
feel that = Is y dgsx Il,,T to pTofeea m e
the complainant, sefratelli to appear at !!