The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-01-29
FAIR PLAY.
Journals" Hounding of
Noonan and Simpson Re-
buked by Justice
Lippincott.
RULE AGAINST THE YELLOW SHEET
Dear and Rappleye Must Show
Cause Why They Should
Not be Punished for
Contempt.
Ex-Judgs Garretson Refuses to
be Counsel to the Gled-
hill Committee.


Justice Lippincott and Judge Hudspeth,
acting as the Court of Oyer and Terminer,
granted a rule this morning requiring the
editors and proprietors of the journal
to show cause why they should not be
attached for contempt in publishing ar
ticles intended to prejudice the case OF
former Assistant Prosecutor joseph M.
Noonan and Lawyer Alexander Simpson
and prevent them from having fair
trial. Ex-Assistant Prosecutor Noonan
and ex-Judge Hoffman, one'of the coun-
sci for the defendants, were present when
the decision was renderd. No remarks
were made Justice Lippincott simply
handed some papers to Clerk Lease and
said that the rule to show cause was
among them.
The rule is as follows
Hudson oyer and Terminer, Decem-
Der Term 1897 January %. 1898.
In re application for a rule to show
cause why attachment for contempt
should not issue against Sheffield
Phelps. Joseph A Dear and Elbert
Rappleye.
Per curiam
In this matter the affidavit of Jo-
seph NJ. Noonan, made herein, may be
filed with the Clerk of this court.
The rule to show cause applied for is
hereby allowed, returnable Friday. the
eleventh day of February, 1898, at 10
o'clock in the forenoon of that day,
with leave to both parties on the re-
turn day aforesaid to take evidence in
! open court to be used in the hearing of
such rule.
The court IN allowance of this rule
is not to be understood as expressing
any opinion whatever upon the merits
of this matter. That is matter which
is dictinctly reserved until the final
hearing upon the return of the rule.
JOB H. LIPPINCOTT. J.
"rhe decision in this case.'' said ex-
Judge Noonan. sis as 1 expected it would
he. I didn't think it could have been
otherwise. I would not have made the
application unless was confident that
was entitled to the rule. knowing
Justice Lippincott's learning in the law
and his courage and independence as
of persons and knowing that the law
was clearly against the Journals pub
LEGATIONS, and feeling that those publlca-
tions were palpable contempt of court,
because of their tendency and design to
prejudice a fair trial of the defendants,
/ have felt, all along, thatSthe decision
must be in favor of our application to
grant rule The statement in Justice
Lippincott's decision that he does not, in
granting the rule for contempt, intend to
express any opinion as to the merits OF
the motion, means only that he does not
express any opinion now beyond giving
his decision that the attempt appears
clearly enough TO require lne JourHdi
to show cause
The Journal was not represented, but
will probably deem it advisable to have
counsel present on February IA, the day
fixed for the return of the rule.
The matters of fact presented by ex-
Judge Noonan to the Court for the order
against the publications in the Journal
are as follows, viz:-December 49, 1897, the
publication that the Grand Jury found
Noonan and Simpson were proved; that
the Grand Jury found the facts to be as
stated by the Journal December 3d.
1897, the publication that the Journals
charges were sustained by the Grand
Jury.
December 81, 1897, the publication that
there was an iniquitous system thai
kept the Prosecutors office busy taking
bribes January 5, 1898, the publication
that it became evident that the outrag-
eous business (of bribery in the Prosecu-
tors otfice) was carried on in such man
ner that anybody could buy immunity
January 12, 1885, the article that the whole
stafr in the Prosecutor office were the
objects of well founded suspicion of cor
rupt practices.
Also the publications in the Journal
Almanac. published after January 1s
.,,o. ~, q, ,,ri,r r,,,f,1ie "a tia4,s in
the journal newspaper. And the edi-