The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-06-11
Justice NeYin First Lectures
Him On the Crime Of
Talking Against
the Police.
CONFER YINDIoATEs HIMsELH
Fine Legal Sparring Between Law.
yers Spser and Goldenhorn
Case Again Goes Over.

by haH past seven o'clock this morn
ing all hands interested in the Lembeck-
McKaig row, which has grown out Of
the free fight in John Midgely's stable,
on Tuesday night, had gathered in the
Communipaw avenue court. Mr.. LEM
beck arrived at an early hour, with his
counsel, Charles J. Peshall- AS soon al
Justice Nevin arrived, he called Mr..
Lembeck to the bar and said
Mr.. Lembeck, it is reported that you
said to a reporter on a local newspaper
that the police did not dare to arrest
you. 1 want you to understand THAI
the police were in no way afraid to ar
rest you. 1t is customary, when war
rant is issued against any business
man OF well known person to notify him
to appear when wanted instead of fore
ing him to undergo the indignity OF q
formal arrest and incarceration"
Mr.. Peshall said, for Mr.. Lembeck,
that the newspapers sometimes say more
than they ought to.
Mr.. Lembeck was then formally ar
rested by Patrolman Scott and booked
for the indictable offense of interfering
with an officer. He was allowed to sit
among the witnesses and spectators un-
til his case was called. After Mr.. Lem.
beck had been booked Justice Nevin took
up the case of John Midgely. The
charge against Mr.. Midgely had been
changed from atrocious assault and bat.
terry to assault and battery and he elect
ed to be tried before Justice Nevin. He
was represented, as at the preliminary
examination, by Lawyer William Speer,
Jr. Ex-Assemblyman Isaac Goldenhorn
was retained by Captain McKaig to
| look after his interests and those OF
Patrolman Conner, who figures as the
complainant against Midgely.
Conner was called to the stand and re-
| peated his story of the affair, which has
| already been told. He was passing
| Midgely's stable on Tuesday evening when
| he saw Midgely rush out. seize an UNI
| brella from Fred Hornig and break it
| over his head. Hornig ran away from
| Midgely and went either into Lembeck's $
| saloon or around the corner. When he
| saw this Conner says he went to Midgely
! and advised him to go into the house
| and keep quiet.
Midgely replied: Il can lick any man:
| I can lick you.'
| He then pitched into the officer, who
seized him and told him he was under
! arrest. They were in Midgely's office
when this last incident occurred. When
Conner seized Midgely Mrs. Midgely and
her son grabbed him and tried to loosen
| his hold. Then the son went for Lem
| beck.
Characterization by Lawyer Speer
brought out the fact that Midgely dug
his finger nails into the officers cheeks.
drawing blood
when he did that" said Conner. "T
took him and put him up against the
wall. kept him against the wall about
three seconds. The son and wife came in
and told him to keep quiet. They went
for Lembeck.
when he came in,' continued Conner,
It said, 'Lembeck, you keep away from
me or you will get into serious trouble.
This man belongs to me-. Lembeck said:
Leave & the ma, man go go; he is al right raS no%.
bed me by the arm and tried to force me
to let him 60"
Speer that you were beating Midgely.
and that he was covered with blood that
was streaming from his face?"
IF the blood, was streaming down
was streaming down my face too. where
he had .clawed me. He was trying to
| beat me-"
The greater part of an hour was con-
sumed in eliciting these facts. Most of
the time was spent in arguments between
| Counsellors Speer and Goldenhorn who
called each other infants" and numerous
| other pet names.
AT $50 o'clock Justice Nevin said he
! would have to adjourn the case for a half
an hour while he disposed of the calen-
dar at the Oakland Avenue Court. Coun-
sci on both sides asked for an adjourn
ment to some other day and it was
finally decided to try the case on Wednes-
day afternoon next at two o'clock. After
this had been decided Mr.. Lembeck took
his place in the prisoners pen and was
paroled until Wednesday. His examina-
ton will take place after the Mfdgely case