The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-06-04
BARRED OUT.
He Gave his Client Some Ad-
vice and Police Justice
Nevin Says he did
Wrong.


Police Justice Nevin, in the First Grim
inal Court this morning, barred Lawyer
James Donellan from practice In the
Criminal Court for his connection with
the case of Patrick Mcnamara, of No. lSi
Pavonia avenue, who was arrested on
Decoration Day charged with failing 70
support his wife, Mcnamara was locked
up in the seventh street police station,
but was speedily bailedeout by Freehal-
der Gallagherc CT Pavonia avenue and Hen
derson street. Mcnamara was given a
hearing by Police Justice Nevin the morn
ing he was arrested. He was ordered to
pay 81 a week to the support of bis Wife
Mrs. Mcnamara was represented by Inv
yer James Manning. while Mcnamara
had for counsel LAWYER Dcnellan.
It was brought u at the examination
that Mcnamara had not lived with his
wife in seven years. He claimed to be
penniless and unable to work because of
his age. He is sixty-five years old. Law
yer Manning declared that Mcnamara
had been left a legacy of $4,000, which
he would possess in a few weeks. McNa-
mara said he did not know how much he
was to get and Lawyer Donnellan asked
that the signing of the order of the court
DE postponed until. Wednesday. so. that
he could ascertain all that he could
about the legacy. Justice Nevin granted
his request and continued the bail fur
nished by Mr.. Gallagher.
On Wednesday. Mcnamara did not APP
pear. He has not been seen since This
morning Denis Gallagher was summoned
to appear in the First Criminal Court.
T,.~ffoa Ta,vf ockod hin, univ he had NOT
produced MCNAMARA, in obedience to the
order of the Court. He replied that he
could not and told Justice Nevin of a
conversation he had the day following
the hearing with Lawyer Donellan and
his client. Although nothing was said
which would incriminate Donellan his adj
vice to the prisoner was not what Justice
Nevin thought proper
Gallagher alleges that the lawyer said
to McNamara:-.I will not advise you
whether to leave. the city or not but adj
'ded:-'If you should leave own Mr.. Gal
1agher would not be held responsible :
AS soon as Justice Nevin learned of the
fact he became angry n stopped the
proceedings. in an assault and battery
case which was on at the time. Calling
Lawyer Donellan to his desk, Justice
Nevin informed him of the statement
made by Mr.. Gallagher and said:-sI will
bar you from practice in this court until
you produce the prisoner. I do not intend
to have the people imposed upon while I
sit on this bench"
Donellan, who was taken back by what
Justice Nevin said, declared that the
of Mr.. Gallagher was untrue.
Justice Nevin would not listen to his ex-
cuses, and told him that he could not
practice until he had complied with the
order of the Court. He said, further,
take steps to have Donellan barred from
every court in the State. II do not act
solely on my own responsibility. Police
Justice Potts has investigated the case,
and we have come TO the conclusion that
such practices in the criminal courts Of
this city must cease"
Lawyer sDoneIlan asked if he might fin
ish the case he was pleading when the in
terruption occurred. Justice Neyin per-
mitted him to do so.
Lawyer Donellan, when seen after the
scene in court. said:-"I shall appear in
court on Monday morning as usual and
plead such cases as / have. I have
committed no wrong. Justice Nevin has
no right to ask me what passed between
me my client, and I have no right 20
divulge what is told me in confidence by
my client. In this case my client asked
advice on a certain legal question and
l gave ii to him. / am not responsible
for his appearance in court. nor can the
Court hold me responsible for his ac-
lions. 1t was not my place to produce
the prisoner in court. He was not par
oiled in my custody, he was bailed out
by Dennis Gallagher and he is the My
man. who is responsible for his appear
ance.