The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-02-28
MORE VNDICATION.
Judge Hudspeth, Who Heard
the Trial, Readmits
Simpson to Prac-
tice in His
Court.
''JOURNAL" REPORTS AIR TIGHT
Contempt Proceedings Against Rap
pleye and Dear Discharged
Max Salinger's Spite.
journal" REPORTS AR TIGHT

Justice Ldppincotts opinion dismissing
the rule to show cause why Editors
Rappleye and Phelps and Manager Dear,
of the Journal" should not be attached
for contempt for refusing to submit to
the Grand Jury the reports made by Beck
and Pidgeon is quite lengthy. He said
that if it was intended to use the evil
dence against Rappleye himself it was
not admissible. If the manuscripts and
typewritings were needed to contradict
Beck and Pidgeon dt is a question whether
they could be used for that purpose. The
State does not usually call witnesses and
have them contradcted in that manner.
The evidence was not material and ad-
missible to indict Rappleye and the other
publishers, managers and editors OF the
Journal for libel and conspiracy. The
chief reason for dismissing the rule was
that the affidavit and proof that the evil
dence was maternal were defective. Writ
ings of this character, Justice Lippincott
says, are not privileged communications
and their production can be compelled
by the Court, but in this case there was
no proof of their relevancy.
Judge Hudspeth announced this morn
ing that he had decided to rescind the or
der made on December 13, prohibiting
Lawyer Alexander Simpson from practic-
ing in his court until he had cleared HIM
self of the charges made by the "Jour-
nal" He said that in justice to the
Court and in order to explain it's position
in the matter, he had prepared an opinion
which he would file with the Clerk to-
morrow morning. The decision also ap-
..,-l, H.
never formally disbarred.
A few minutes afterward the Judge di-
rected Clerk PurteH to call the list of Ar
peal cases in the Common Pleas Court. 1t
was announced that No. 8, Michael Foley
against John Lichtenfels, was off for the
term by consent. There was no re-
sponse to the call of No. A. former Health
Inspector Daniel Tierney against the
North Bergen Board of Health, and it
was struck off the term. No. 6, Walter
Ammon against George w. Mcclure met
with the same fate for the same reason,
No. Z, Heinrich Stilmacher against Fred
erick w. o. Schultz, was called next. On
the record Max Salinger is counsel for
the appellant and J. Herbert Potts for
the appellee. but it appeared that Law
yer Simpson was also in the case for the
appellant.
Judge Hudspeth said that I'M view of the
application made to reinstate Mr.. Simpson
the Court would suggest that the case he
laid over until tomorrow morning to give
Mr.. Simpson an opportunity to appear.
Mr.. Salinger, who was evidently nol
aware that Mr.. Simpson was in the case
and on his side, insisted that the case
should go off for the term
sWhen the Court intimates that for
good reasons the case should go over until
tomorrow said Judge Hudspeth, 'scoun-
sci should be willing to consent
"But 1 can't be here tomorrow" ex-
claimed Mr. Salinger, "and 1 can't try
the case any day this week.
81 am aware" said Lawyer William H.
Speer, ''that Mr.. Salinger has a large
practice and that he is very busy man,
but 1 don't think his business is so over
whelmfng that he couldn't find time to
try this case at time fixed by the
Court"
81 don't desire any assistance from out
side COUNSEL exclaimed Mr.. Salinger
angrily 'I am able to attend to my own
business
Under the circumstances, said Judge
Hudspeth, II shall certainly hold this
case until tomorrow morning."
'sBut my witnesses are here" said Mr..
Salinger.
Glow many witnesses have YOU asked
Judge Hudspeth.
Mr.. Salinger went to the rear of the
court room and returned with the report
that he had four witnesses.
II understand, Mr.. Salinger," said Judge
Hudspeth, 'that Mr.. Simpson is asso-
eiated with you in this case?"
II didn't know it, said Mr. Salinger
IF he is / shall retire from it, MI
Salinger made another trip to the rear of
the court room and was informed by his
client that Mr. Simpson had been en-
gagged. He then retired from the case.
When case No. Is, Mary e. Broadway
against Mary Homan, was called, Law
yer John J. Weller, for the appellee, asked
to have a date fixed for trial, as his wit
nesses are in New York State. Lawyers
Cannon and De R. Leonard objected, be-
cause the case had been postponed before
for the same reason. Mr.. Weller said that
his witnesses were in court the last time.
81 am prepared to prove exclaimed
Mr.. De Leonard, that your witnesses
haven't been in this State since the case
was tried in the court below
''You can't prove anything of the sort!n
retorted Mr. Weller. Things were assum-
ing warm hue when Judge Hudspeth
shut off further trouble by setting the
r1,I1,.e