The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-01-26
JOURNALS" IBFAMY.
Lawyers Effort to Secure
Ordinary Fair Play
for Noonan and
Simpson.
TEGHNICALITIES In THE WAY
Rule Against the Yellow Editors
and Publisher Applied For
Conference After the
Hearing.

Ex-Judges Noonan and Hoffman IN the
Oyer and Terminer Court this morning.
renewed their effort to have the Jour
mar restrained from convicting former
Assistant Prosecutor Noonan and Lawyer
Simpson in advance of their trial. In
compliance with the suggestion made yes
terday by Justice Lippincott former Judge
Garretson and Assistant Prosecutor klink
were in court to represent the State.
Mr.. Noonan made the same statement
he made yesterday that the journal
persisted in commenting on the case edi-
torially and in its news columns, attack
ing the defendants and doing its utmost
to prejudice their case. This, he claimed,
is not only unfair. but is manifestly con-
tempt of court. He quoted the opinion of
Chief Justice Beasley, that any publica-
ton in newspaper intended or calcu-
lated to prejudice case before the court
is undoubtedly contempt. He also read
the opinion of an authority on law that
pleading absence of intention in such case
does not relieve the party offending.
Justice Lippincott interrupted him to
say that the Court would not consider
any publication prior to the time of the
indictments.
Mr. Noonan spoke of the Journals
comment on Straight's escape from the
City Prison. The Journal said that
Straight escaped by the aid of saws. He
did not escape the old way, by the aid of
$780, He also read quotations from the
Journal almanac which was issued on
January 49, in which it tells of the Jour
nails" astounding revelations. IRE
mendous sensation in Judge HudSpeth 5
~ or1d thn nd T11,-x frxTi
force the Journal to answer irrelevant
questions.
This is the oracle Mr.. Noonan said
(which takes upon itself to determine the
relevancy of legal questions.
''Have you looked into the question:"
asked Justice Lippincott, whether an ap-
plication of this kind must be made by the
State? Contempt of court is an offense
against common law, and is indicta ble.
There is question in my mind whether
an application of this kind can be made
except by the State
''Out Of the necessity comes the proprie-
ty of this application. The circumstances
should come from y counsel for the de-
PENDANTS. We hardly expect that the rep
resentatives of the State who are to
prosecute the case would have the mag
nificent magnanimity to take any such ac-
Suppose" suggested ex-Judge Hoffman.
that this was an alleged contempt of the
personnel of the Court. the Court would
appoint counsel as friend of the Court
! TO take the necessary steps. The sugges-
Elton in case of this kind may come from
n Eny body"
,ed Justice Lippincott asked what the State
- id to say in the matter Mr.. Garrett
Weand his position. He was designated 20
ma " present the State in this particular
,se Mr.. Klink represents the State gen.
prtall. Mr. Garretson was of the opin-
prsn that the Journal should resist the
= t'Of course said Justice Lippincott, "If
,11T111 ions nir16; afo1 To f11G.
administration of justice, and prejudicial
to the interests of the defendants, any
thing that attacks the administration of
justice and is prejudicial to the interests
of the defendants is constructively con-
tempt of court. The best way, think, will
be to allow a rule TO show cause"
Before that is DONE said Mr. Klink,
81 desire to say word. This proceeding
places the representatives of the State in
peculiar and anomalous position. We
have not made any application. | do not
think there are sufficient facts before the
court to warrant a rule. There is no con-
tempt of court and nothing to prejudice
the defendants. | think that the State s
witnesses should be allowed to select their
own counsel
Justice Lippincott said that the applf-
cation was made ex parte and the court
in granting the rule would not determine
anything. The whole matter should come
up on rule The articles speak for
themselves either one way or the other.
Whom do you wish attached?" he
.'The Evening Journal Association
and the editors and proprietors of the
Journal . replied Mr.. Noonan.
Justice Lippincott said that names must
be given, as it was necessary to proceed
against some individual or person. Mr.
Noonan was directed to serve notice upon
the persons he proposes to make defend
ants and renew his motion tomorrow
morning Justice Lippincott invited the
counsel TO conference with the court in
chambers. The conference lasted about
fifteen minutes. What it was about could
not be learned.