The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-01-25
PLEA FOR FAIR PLAY.
Counsel for Noona1l and
Simpson Protest Against
the Journal"
CREATING A REIGN OF TERROR
Its Persistent H0unding of the
Accused Makes a Fair {
Trial Impossible.
Motion to Commit the YelIew
Editor and Publisher for Con-
tempt of Court.

Former Judges Thomas F. Noonan and
William T. Hoffman, counsel for ex-As-
sistant Prosecutor Joseph Nj. Noonan and
Lawyer Alexander Simpson, appeared in
the Oyer n Terminer Court this morn
ing to try and have the court check the
enthusiasm with which the Journal is
almost daily trying and convicting the
defendants, and practically taking the
case out of the hands of the court.
Ex-Judge Noonan made an application
for a rule to show cause why the Jour
mai, should not be ~adjudged in contempt
for commenting on the case and doing
its utmost TO injure and prejudice the
case of the defendants and prevent them
from having a fair trial by an impartial
jury.
Mr.. Noonan recited the facts of the case
up to date, the attack made by the Jour
naI' on the defendants, their subsequent
Indictment by the Grand Jury and the
selection of the Grand Jury. He called
attention to the fact that after the in
dictment the Journal published an ar
ticle declaring that the Grand Jury, after
hearing the testimony submitted by the
Journal had found the defendants
guilty. This publication was purposeiy
intended to injure the defendants by
creating the Impression that both sides
had been heard, when the fact is the in
dictment had been found on ex-parte tes-
timony and the defendants had not been
heard at all.
On December II the Journal printed
an editorial declaring that the journal
proposed to handle the case as 1t chose.
1T had done the work alone and it did not
propose to allow either the Prosecutors
office or the Grand Jury to interfere in
Its management of the case. The Jour
nall had proved the defendants guilty and
had secured their Indictment.
In an editorial on January 2, comment
ing on the escape of Henry Straight from
the City Prison, the Journal said that
but he did it with the aid of saws and
not with the aid of $500. These publ
cations, Judge Noonan said, are made
~designedly to infiame and preJudiee pubic
opinion against the defendants. Their
manifest object is to prevent and OBJ
struct public justice. The journal is
INDUCING in private persecution such
publications pending the trial and after
the selection of the jury panel are clearly
a gross contempt of court. He therefore
applied for to attach the editor ana pup.
Usher of the journal for contempt OF
court in publishing anything concerning
the cause now pending which may tend
to prejudice the constitutional right of
the defendant to a full and fair trial by
an impartial jury. Judge Noonan quoted
a decision of the late Chief Justice Beas-
ley, reported in Sd Vroom. The Chief
Justice said
Amy publication in a newspaper con-
corning a cause pending in court. tend
ing to prejudice a fair trial of that
cause, is a familiar instance of con-
tempt of court under well established
law. There is no more reason to
doubt that this is a contempt of court
than of the Courts right to punish
for contempt.
Justice Lippincott. after consulting with
Judge Hudspeth, suggested that counsel
serve notice on e~x-Judge GarretsGe and
Assistant Prosecutor Klink and sew the
motion tomorrow morning. 1nAt was
agreed to.