The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-03-01
H0DSPETH'S REASONS.
Full Review Of the Courts
Action in Suspending
and Restoring
Simpson.
THE"JoURNAI'S' RESPONSIBILITY
New Order Applies to Mr., Noonan
as Well-Why the Court
Took Immediate Action.
THE"JoURNAL'S' RESPONSIBILITY

Judge Hudspeth this morning made an
elaborate explanation of his reasons for,
in the FIRST place, making the order pro-
hibiting Lawyer Alexander Simpson from
practicing in his court, and, in the second
place, resembling it yesterday. He starts
out by giving in some detail the charges
made by the "Journaf against Simpson
and Joseph M. Noohan, the then Assist
ant Prosecutor of the Pleas. AS the pub
lie has become pretty thoroughly familiar
with the charges by this time, it is un-
necessary to repeat them. He said that
prior to the publication the court had re-
ceived a warning from one of the editors
of the journal that an attempt would
be made to deceive it, and that in conse-
quence of the warning the Courts atten-
ton was quickened and it's action in the
matter extremely guarded. Continuing,
he said
ION Monday, the 18th day of December,
1897, to which day the said application to
have the defendants plea changed from
guilty to not guilty was continued, and
when the court was to finally dispose OF
the same, the said Manning and Simpson.
and the Prosecutor of the Pleas, and the
said Assistant Prosecutor Noonan, APP
peared before the court and upon the
court stating it was ready to proceed with
the case in question: the SAID simpson
proceeded at once to address himself to
the court, in support. OF the application
in question. The Court had read the ar
ticle in the newspaper in question, Whlch
directly and in express terms ana IN un-
eduivocal language, charged Mr.. Simpson
and Mr.. Noonan with the alleged criminal
conspiracy already adverted to in connec-
tion with the case then pending in the
said court The charges were of such
nature. SO positive and direct, APP
parently made with the knowledge
of their character and consequences,
and coming from such an authority and
RESPONSIBLE source, that the Court, under
the circumstances then confronting it,
regardless of the painfulness OF its action,
had no alternative, out of it's own self
respect, to protect its integrity and allay
any suspicion that might attach to it, in
view of this publication and the charges
embodied in it, than so far as the power
of the Court extended to prohibit the
said Simpson and Noonan from taking
any part in the case in question, as un-
dei~the circumstances the confidence OF
the Court in theirSconduct and repfesen-
tations was shaken, and any action of the
Court, predicated or impelled, upon such
condition of affairs, might not have
accorded with its strict and impartial
discharge of judicial duty, as between the
State and the defendant, and particularly
was the Court actuated in this course, as
the defendant was represented by counsel
who had attended him through all the
proceedings in the court and against
whom no suspicion had been excited, and
the State, by the Prosecutor of the Pleas.
Further, in the administration of Grim
inal justice in the criminal courts. there
must and should exist the greatest con-
fidence between the Court and its Off
GERS practicing therein in the capacity of
attorneys-at-laW The Courts chief re-
lance is upon the honor and integrity of
such officers of the court. The chief aim
of criminal laws is the protection and
safety of society. A fair, impartial
and strict enforcement of the criminal
laws of the State, depends not only upon
the fearlessness and integrity of the
court, but upon the probity and honesty
of it's officers. Each in their allotted
sphere of action and duty must be above
SuSpiCIOH AL dppdTcdliy well lOuHuSu
attack upon the good reputation of either
the court or it's officers at once under
mines, if it does not destroy, confidence
in the one suspected. Viewing this mat
ter in this light, the duty of the court
appeared to be plain. Two of it's officers
were attacked, their fair fame was
smirched, their honor and integrity as
sailed. Criminal charges were made of
such a character and so positive, in a
measure involving the Court itself, that
the Court in it's own vindication was COM
PEELED to take immediate action, not only
that it's conduct in the administration of
it's grave and responsible duties might be
investigated, but that its officers in ques-
ton, who rested under the ban of hor-
rible suspicion, should either be acquitted
of the criminality alleged against them
and restored to the confidence of the
court of which they were officers, or the
charges verified by the proper tribunals
having cognizance of such matters. The
Court, under such circumstances, indicat-
ed that neither of the gentlemen in ques-
tion would be permitted to practice at
the bar of the said court, until such
charges had been investigated and at
once referred the same, as embodied in
the newspaper article in question, to the
Grand Inquest for Investigation, and
to the Bar Association of this
county for its action. Since then the
Judge of this court upon his insistment
that his conduct in respect to. the admin
istration of the criminal laws in the court
over which he presided should be ex-
amined into, appeared before the Grand
Jury and submitted to examination.
Finally an indictment was presented by
such Grand Jury, charging the said
Noonan and Simpson with q criminal con-
spiracy, substantially to the effect con-
tanned in the charges in the article in the
newspaper in question: Lately the said
Noonan and Simpson have been tried in
the Court of Oyer and Terminer in this
county upon said indictment, and after
protracted trial before struck jury
the said jury disagreed. A motion is now
made to this Court for leave to the said
Simpson to practice at the bar of this
Court as an attorney-at-law of the Su-
preme Court of this State.
The action of the Court In suspending
Mr.. Simpson predicated upon what the
Court assumed to be its inherent rights
to so regulate and conduct. its affairs, as
to avoid suspicion attaching itself to the
administration OF the duties or any OBJ
struction to the proper performance OF
the same. In this case 1T was charged
that by the conduct of the gentlemen in
9ea1 estf. on Ii was under suspicion Of being