The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-12-20
NO JAIL FOR DEAR.
Famous Noonan Mementos
Deposited With Court
Commissioner Nu-
gent.
GRAND JURY WANTS PAPERS
Struggle Over the Possession Of
Beck and Pidgeon's Org
inal Statements.
GRAND JURY WANTS PAPERS

Justice Lippincotts court room was
| crowded this morning with lawyers and
| citizens curious to hear some new turn OF
affairs in respect to the charges of bribery
made against ex-Assistant Prosecutor
Joseph M Noonan and Assemblyman
Alexander Simpson. Although the Grand
Jury is not to meet until tomorrow after
noon to continue it's investigation, yet in
and around the Court House groups of
men were collected discussing the one
question uppermost: What will the jury
do?"
The Court had barely taken his seat
when Assistant Prosecutor William M
Klink came in followed by Counsellor
William H. Corbin Each had a bundle
of papers in his hand and the buzz OF
general conversation instantly ceased, Tor
everyone knew something important was
going to take place. Mr.. Klink dldn
keep the crowd long on the. anxious seat
but began almost Immediately after ne
had entered the rail by asking the Court
to grant a rule to show cause why Joseph
A. Dear. business manager of the Even
ing Journal should not be adJudgeo
guilty of contempt of court for ms re-
fusal to produce and deliver up certain
articles having relation to the prlpery
charges against Noonan and Simpson
Tt will be remembered that the EVEN
ing Journal in some way became pos
sessed of a cuff and sleeve button ana
pass on the Susquehanna and western
Railroad belonging to Noonan. When
Dear was before the Grand Jury on Fri
dav afternoon he was asked by Foreman
Allan L. McDermott to hand over THESE
articles He was also directed by MT
MeDermott to hand up the receipt given
TO one of the Journals men by Lawyer
Alexander Simpson when the $500 was
given to Noonan on the alleged promise
tbaN ba would secure the release of the
Pole in the Hudson County Jail Dear
refused to comply with the request anu
the result was that the Grand Jury IN
structed Assistant Prosecutor hinh ~
proceed against Dear for contempt.
In making the application, TINS MORN
ing. for this rule the Assistant prosecutor
read an affidavit made by Mr. McDermotl
which briefly stated that he, MT. NC
Dermott, had made demand upon Deel
to hand over the cuff, railroad pass anu
receipt. and the Journals business
manager had refused.
-s.In my opinion,H continued MT. hlHiffS'
..the Grand Jury had a right to exanlie
the articles because they are germane 70
the ease. We did not desire possession
of the articles in question, but an eAanai-
,ation Mr. Dear admitted having the
articles with him, but declined TO give
them to the Grand Jury, although ne
said he would leave them in my CUSTODY
for the time being. The foreman OF the
Grand Jury demanded their surrender at
once. but Mr. Dear, perhaps under mis-
apprehension, refused to give them, al
though Mr.. McDermott informed him that
they were for the sole use of the prose-
cutor and the Grand Jury had nothing to
do with them.
st therefore, said the Assistant Prose-
cutor, in closing, TASK your Honor for a
rule to show cause why the witness
should not be compelled to surrender the
articles in question, or on his further re-
fusal to do So be adjudged in contempt.
Counsellor w. H. Corbin, who repre-
sented the Evening Journal people, salo
in opposing the rule, that he did not see
any reason for an attachment 1or con-
tempt, because in his opinion lnere naa
doIbtless been some MISUNDERSTANDING.
Mr. Dear counsel said, had agreed TO
surrender the articles mentioned on the
understanding that they should be re-
turned to him; but he was given 70 under.
stand that the cuff, pass and receipt
would be retained.
ssThe Witness continued Mr. Corbin,
twas perfectly right in refusing TO give
m fhe articles, and l wish to direct your
Honors attention on tnat point 10 d wen
The case was that of Fitzpatrick in the
Tinted States Court, 16 Vroom, page III.
Notwithstanding this, however, salo
Mr.. Corbin, pulling out of his pocket the
cuff pass and receipt and paeffg desl desm
s,J now produce the articles mentloned,
and shall ask the Court to impound them
for the use of the Grand jury, OF any lls
other tribunal before which they may pe
Fsyerv neck in court was craned to catch
a glimpse of the articles over Wnlcn SO
much fuss had been made, and the court
officers had to threaten TO eject some ol
the noisy ones who tried to squeeze up 70
the desk. Justice Lippineott glaneeidd sid
casually at the arllcleS, anu lHeH ae'io
VII II suppose these things may be left in
the. custody of the Clerk oft OF this ms court, a as
Unit United states Court BY Mr.. CoTbin.,"
'The production OF the ardlcles, af th sup ,a
jury observed the Assistant Prosecu-
tor ,a4oasoa,,1r corbin .that
into the custody of the Court stenog-
rapher, Mr.. Nugent." -
As this arrangement was satisfactory to
all. an order was made, and each artlcle
marked mark by him for identification.
The audience, who at f,rst tnougnta a,.lsa rnal
were delighted to hear the Assistant
Prosecutor tell the Court that he had an
other application to make. This time 1t
was for a rule to attach Elbert Rap
pleye Managing Editor of the Journal, Z
for contempt, and compel him to give. up
the typeWritten statements made to him
by Pidgeon and Beck, the men who ne
Pole out of jail. Rappleye, when before
the iury on Friday, had refused to give
the memoranda to the foreman when re-
Counselor Corbin contended in reply
that the Prosecutor himself had furnished
the best reason why the request should
be refused, and it was as follows:-
that no evidence which is competent can
be placed before the Grand Jury The
Statements asked for are the daily reports
of the men to the Editor of the 'Jour-
nalo and they deal with other matters
beside those now being investigated by the
Grand Jury"
Court determine whether the statements
are admissible as evidence, also to ascer-
tain if the statements made are the same
as the witnesses Beck and Pidgeon made
before the Grand Jury. The Grand Jury
is an inquisitorial body and can inquire
into everything.
Z hardly see said Justice Lippincott.
subject matter before the Grand Jury
,,ras II fba ,,ulsJfsfer,c of fha itTErariy1f