The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-03-31

| is a county officer; but don't think the
committee has any right to compel the
attendance of witnesses. 1t is no part Of
the committees power to make them tes-
tify. My contention is that the COM
mlttee has no right to sit. nor has it any
| jurisdiction at present since the Legisla-
ton has adjourned. Such procedure, in
my judgment is carrying 1t beyond the
limits prescribed by the resolution.
.Will you publicly make that objec-
tion?', asked a News representative.
"wait and see,'' replied Mr. McDermott.
with smile.
All this time the crowds waited Inn
patiently for the arrival of the commit
tee and 1t was not until half-past eleven
o'clock that Assemblymen Squire and
Lawshe strolled in with a what's-going-on
look on their faces. They were sur
prised at the absence of their colleagues,
and it looked as if it would be necessary
to appoint another committee to investi-
gate the whereabouts of the majority of
the Investigating Committee. After con-
sultation with counsel, Messrs. Squire and
Lawshe took their seats on the bench,
and Mr.. McCarter began
Gentlemen it is evident that through
some misadventure the other members Of
the committee are unable to be here. The
understanding was that we should ad-
journ from Friday a week ago until to-
day and the stenographer notified the
committee I have received a telegram
from Chairman Gledhin saying that he
was detained in Washington, but no noti-
fication from Messrs. Watkins and
Beardsley. 1 regret this, because we have
| ,1,ov f,f off iafa lc a
inconvenience to them. We have no
quorum. 1t is impossible to go on, and
suggest that we adjourn until next Fri
day.
Assemblyman Squire tapped with his
gavel and after warning the witnesses to
reappear next week the crowd was about
to go away when Assemblyman Bradley
walked in. Captain Jack Graham excit-
edly called the witnesses back, and, there
being a quorum of the committee, the
bombardment was begun by Mr.. McCar-
ter calling out Richard Judge. and that
individual was about to tell something
about green goods when Mr.. Allan L.
McDermott rose and said that he repre-
sented Sheriff Heller and r. Judge, and
he asked the courtesy of the committee
to make statement. Mr. McDermott
was going on to say that witness nam
ed Conrad Prell-
..I object" interrupted Counsel McCar-
ter, ito any remarks from outsiders. We
have not anything to do here with Con-
rad Prell, Sheriff Heller or anybody else,
and object to these remarks
II want simply said Mr.. McDermott,
'sto suggest something to the committee
about mistakes in the testimony of Con-
rad PreH, and 1 ask for the courtesy of
the committee
Il don't think said Chairman Squire
that we can hear you. We would like to
extend every courtesy to you, but we
think we should defer to our counsel"
This committee continued Mr.. Nc
Dermott, ignoring Counsel McCarter's OBJ
jections. Il doubt very much has any
right to compel witnesses here
Il object" said Mr. McCarter.
Mr. McDermott proceeded to give the
history of the appointment of the com
mittee and he insisted that the Legisla-
ttire had no power to appoint a rowing
commission on public good government.
The very wording Of the resolution, ITO
sit during recess excluded the right of
the committee to go any further. The
House, he said, had adjourned sine die,
and this was certainly neither a recess
nor session and the committee had no
power since the House was dead.
The Legislature, resumed Mr.. McDer-
mott had no power whatever to delegate
to this committee such powers which it
now seeks to exercise. The House was
practically dead, yet this committee pro-
posed to go on in variance with the reso-
luton itself. He insisted that the COM
mittee had no jurisdiction and could not
compel Richard Judge, his client, to tes-
tify.
Il don't know whether said Mr.. Nc
Carter, s.the distinguished counsel is pos
sessed of an X-ray and knows what we
are going to ask this Witness but 1
simply request that he take the stand and
the work of the committee proceed. We
will never get on if we are going to be
interrupted in this way
Mr. Judge will neither take the stand
nor will he testify said Mr.. McDermott.
Counsel looked at the committee, who
in turn looked inquiringly at the coun-
sell After pause, Chairman Squire told
the Sergeant-at-Arms to give the Bible
to Judge and Captain Jack tried to do
so, but Judge put his hands behind his
back.
"The witness may be sworn" said Mr..
Squire.
1.-THE witness, by advice of counsel, re-
fuses to be sworn said Mr.. McDermott,
and then followed another pause and an
interchange of looks and signals between
the committee and their counsel.
You decline to be sworn, then?' asked
Mr.. McCarter of Judge.
Il do, by advice of my counsel firmly
replied the witness.
zone of the counsel said something about
committing, but Mr.. McDermott sharply
asked what for, and intimated that he
would take hand in any proceedings of
| that sort with a writ of habeas corpus.
The committee We're plainly in a fix. They
| didn't know what to do. Their faith in
their power to compel witnesses to testi-
| fly had been rudely shaken by Mr., Nc
Dermott, and they hesitated about taking
| steps which might have disastrously
boomerang effect Mr.. McCarter came
to their aid, however, and he said:
I'm view of the refusal of the witness
| to be examined, have to suggest that
! this committee should at once adjourn for
| two weeks, in order that we might secure
power from the Legislature to deal with
| this case"
I'VE agree to that said Assemblyman
! Squire, and the room was quickly cleared.
! II is thaught that counsel and the COM