The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-02-23

Err WIN IN HARNESS.
His First Official Act Arises
Out of the Noonan- simp-
son Scandal.
SIMPSON WANTS TO PRACTISE
Application Laid Over by Judge
Hudspeth-Mr. Van Winkle
Assistant Prosecutor.
SIMPSON WANTS TO PRACTISE

Lawyer William H. Speer made an ap-
plication to Judge Hudspeth this morn
ing to remove the disbarment which pre-
cludes Lawyer Alexander Simpson from
practicing in any of the courts over
which Judge Hudspeth presides. The or
der disbarring Mr.. Simpson was made on
December 13, the Monday after the pub
lication in the journal accusing Simp-
son and Joseph M. Noonan. who was the
Assistant Prosecutor, of conspiracy. Mr.
Speer strongly urged that the disbarment
should be removed in justice to Mr.. Slmp-
son and that he should be restored to
his former standing in the court Mr.
Simpson has been tried and the jury
failed to agree upon verdict.
THE presumption of innocence, said
Mr. Speer sis with Mr.. Simpson. 1t has
not been removed by the State. L there
fore ask your honor to rescind the order
made on December 13 SO as to allow Mr..
Simpson to perform his duties in this
court. 1t is only fair to Mr.. Simpson, II
is only an act of justice, that this should
be done. A new trial of the case cannot
probably be had until the April term
and all opportunity for Mr. Simpson earn
ing a livelihood at the present time is de-
MED 1t is for that reason that I make
this motion at this time
Prosecutor Erwin said he did not know
that he should make any opposition to
the motion although it seemed to him to
be premature.
'eAs counsel knows" said Mr.. Erwin
this case was ended only few days
ago after very long trial. Mr.. Simpson
1oct md
asked me what disposition was to be
made of the case. l told him it would
be moved for retrial as soon as posslple
intimated that l should probably make
some move in a few days. 1t seems to
me that this is very serious case
While don't exactly like to oppose the
motion still I think your honor should
hold it under consideration for few
days. do not think it should be disposed
of at this time"
This NATTER said Judge Hudspeth,
''is. suppose you understand Mr.. Speer,
addressed to the discretion of the Court
1t demands careful and serious considera-
ton. The Court desires that ample JUS
ice shall be done to Mr.. Simpson. think
It will be advisable, inview of the cir
cumstances. to take the matter under
consideration.
Mr.. Speer said that on looking over the
statutes he had discovered that the State
mas nothing to do with a motion of this
kind. 1t rests entirely with the Court.
Judge Hudspeth said he would consider
the case and decide it as speedily as pos
sible. He will probably consult with JUS
tice Lippincott on the subject. There is
little doubt but that the motion will be
granted.
There was a great transformation N
the Prosecutor office this morning. With
the exception of Michael Kellaher, the
Clerk of the Grand Jury, there were no
familiar faces to be seen. Prosecutors de-
tectfves Feeney and Stack resigned on
Monday afternoon, and it is needless ID
say that the designations were accepted.
Prosecutor Erwin this morning appointed
Edward Mccormack and Charles b.
RELAY to succeed them, and they went on
duty at once. These are the men who
'.The News" predicted three weeks ago,
would be appointed. Mr.. Mccormack was
Chief Clerk under Sheriff Toffey. He is
a member of the First Republican Club.
Mr. RELAY comes from Greenville.
Mr.. Erwin also announced the appoint
ment of Marshall Van Wrinkle as Assist
ant Prosecutor. Mr.. Van Wrinkle was n
partnership with Mr.. Klink the retiring
Assistant Prosecutor, until short time
ago. when the firm was dissolved. In re-
gard to the appointment of Assistant
Prosecutor Erwin said this morning
The position of Assistant Prosecutor
was offered to MIR. Klink but he has had
such a hard experience in the office that
he was unwilling to give up mis- private
practice and devote all his time to the
duties of Assistant Prosecutor He there
fore, refused to accept the appointment,
and Mr.. Marshall Van Wrinkle, who was
Mr.. Kinks law partner, has been select
ed as the new Assistant Prosecutor.
The firm of Van Wrinkle and Klink has
already been dissolved and Mr.. Klink
will return to the private practice of the
late firm. The selection of Mr.. Van
Wrinkle is very gratifying to Mr.. Klink,
who urged him to accept the place. The
affairs of the Prosecutors office are be-
ing gradually Strengthened out, but, of
course, it will be some time yet before
the Office will run along in thoroughly
prompt and orderly manner. Cases now
IN the calendar will be cleared up and
pushed to a completion as rapidly as pos
sjble consistently with the public inter
est.
Prosecutor Erwin and Assistant Prose-
cutor Van Wrinkle made their first ap-
pearance in the General Sessions Court
this morning in their official capacity.
Mr. Erwin remained until Mr.. Speer' 5
motion to reinstate Mr.. Simpson had been
made and.then returned to his office. Mr..
Van Wrinkle remained in court and tried
a robbery case.