The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-06-17
CONFER 'w'VINDICA4BD"
Midge1y Fined Five Dollars
for the Alleged Assault
on the Officer.
QUEBREST YOUNG MAN ON RECORD
Twenty Years Old But Has Nc
Idea Of What an Oath ls-No
Schooling in Years.

There were startling developments al
the trial of the acknowledgement er
Midgely free-for-all-ight before Justice
Nevin, in the C-ommunipaw avenue court
Yesterday afternoon, but they were moi
of the nature expected by the crowd OF
curious spectators who listened to the
proceedings. They were none the less in
teresting, however, because unexpected.
The sensation occurred near the end Of
the trial of Patrolman Gonzer-ofIicially,
the trial of John Midgely on the charge
of assault and battery upon Patrolman
Gonzer-and was brought out in an acct
dental manner.
Patrclman Conner and all his witnesses
had testified and the defence had rested
its case after placing nearly a dozen
witnesses Upon the stand, who all swore
that Midgely did not assault the officer
until first assaulted by him.
In rebutta of this testimony, Lawyer
Goldenhorn, who appeared on behalf of
Conner and Captain McKaig, called AL
bert Zabriski, of No. 20 Summit avenue,
to the stand. The clerk administered the
oath to him in the usual manner. 1t was
noticeable that he had to be told just
what to do. He testified that he was
within ten feet of Midgely and Conner
when the row occurred, and that he saw
Midgely scratch the officers face with
the finger-nails of his left hand before
the latter did anything to him..
On the cross-examination the witness
became slightly ratified, and exasperated
Lawyer Carey, counsel for Midgely, who
finally asked him. in a sarcastic tone,
how old he was. Lawyer Goldenhorn OBJ
jected to the question as being irrele-
want.
Perhaps suggested the Court, 'Mr.
Carey puts the question for the purpose
of ascertaining whether or not the wit
ness is familiar with the nature of an
OATH"
"Oh, well, if hat is it," said Lawyer
Goldenhorn, II withdraw my objection
More in the spirit of badinage than
anything else, Lawyer Carey then re-
peated the question and followed it up
on the line suggested by the remark of
Justice Nevin. No person anticipated
what followed.
How old are your" asked the counsel.
Twenty"
do you know the nature of an oath?''
No, sir"
WHAT exclaimed Lawyer Goldenhorn,
jumping from his chair in great excite
ment. Lawyer Carey appeared equally
ward over his desk so as not to lose a
word of what followed
Il ask your Honor" aid Lawyer Carey,
that the testimony of this witness be
struck out as he is not competent to tes-
tify.''
Wait a minute replied His Honor,
perhaps he did not understand the ques-
ton
Lawyer Goldenhorn then took hold of
the witness and tried to set him straight.
He was assisted by the Court and Law
yer Carey. Between them they put the
following questions
D you know the nature of an oath?''
mo, SIR
Don't you know what 1t means to
swear on the Bible that you will tell the
truth and nothing but the truth?"
mo, sir"
By this time the excitement a spread
to every one in the court room, and those
who had been standing at the back of the
room crowded up close to the rail to bet
ter hear the remarkable answers given
by Zabriski. Lawyer Goldenhorn still
attributed his peculiar answers to ner-
~vousness, and so he started off on an
other tack.
How old are your" he asked.
Nineteen" replied zabriski, who had
but a minute previous said he was
twenty.
Did you eyer go to school?"
"A little when / was small
Did you ever go to Sunday-school?"
~ SJInnOGn I did nnan hl1f T DOM n
member"
3 you know what happens to people
who tell ies?"
mo, sir"
Z withdraw the witness, your Honor
said Goldenhorn; che is, without excep-
ton, the most remarkable young man
Before permitting zabriski to take his
seat, Justice, Nevin called him to his
desk and said
4 will say, for your edification and ed
u~cation, that there is a law upon the
statute books of this State which de-
clares that any person who swears upon
the Holy Bible, in the presence of the
Almighty. to tell the truth n fails to
BILE to a long term Of imprisonment at
hard labor. You may 60"
The lawyers and the Judge all agreed
that they had never heard Of a parallel
case.
most part simply q rehash of what has
already been published in THE News"
The witnesses for the State all testified
that Midge1y was the aggressor and that
Conner seized him and handled him
roughly merely in self-defence. The wit
nesses produced by Lawyer Carey, for
the most part, sWore that the exac
contrary had occurred; that Conner had
assaulted Midgely in an u~nprovoked and
brutal manner and that he had merely
defended himself.
D.. Herb, one of the witnesses, ac-
knowledged that he was more interested
in a game of pinnochle that he was play
ing than in the row, and that while he
positively which was the aggressor,
Midgely or Conner. Lawyer G~oldenhorn
succeeded in getting most of the other
witnesses for the defence to admit that
they were not positive as to who struck
the first blow.
Anthony Lembeck who, it is alleged, in
terfered with Conner and attempted to
lake Midgely away from him testified to
being called into the stable to quiet
Midgely.
= did not lay HANDS on the o1Hcer," he
" upstairs and he said, Certainly I
took Midgely by the arm and led him into
the Office. He was sitting in a chain near
his desk when Conner burst open the door
and rushing at him grabbed him by the
throat"
Midsely's son Joseph told how he
kicked and punched the officer.
i did it, he said, because he was
Mr.. Midgely was the last witness called
by Lawyer Carey. He was very frank in
that he did not know just what he was
about and said 1t WAS more than likely
thai he struck the officer first.
Justice Nevin reserved his decision I'M
til after he had called the case of An
thony Lembeck. Lawyer Peshall ap-
AnrA fAn -