The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-16
The Case Against Abertelli
Abandoned by Prose-
cutor Van Winkle.
THE CHIEF WITNESS LIED
Policeman Mclaughlin and
His Son-in-Law Perse-
cuted the Grocer.

The trial OIL j Onn ADeTlelll, q grocer d.
West and Paterson streets. West Hobo
ken, for selling liquor without license,
which was begun on Tuesday afternoon,
came to an abrupt and sensational close
this morning in the General Sessions
Court.
Assistant Prosecutor Van Wrinkle adj
mitted that the principal witness for the
State had perjured himself and asked the
court to direct the jury to acquit the
defendant.
Judge Blair agreed with Mr.. Van
Wrinkle that the States chief witness
had committed perjury and promptly
ordered an acquittal without requiring
any defence to be put in.
This will doubtless put an end to a
persistent and malicious persecution of a
reputable business man by police officer.
The police officer and his son-in-law was
the States chief witness are fortunate in
that Judge Blair decided this morning not
to bring them before the Court for punish
ment He gave warning that the persecu-
ton must cease or some action will be
taken.
The story of the case begins some time
ago. Abertelli and Policeman Michael
had falling out, and from that time on
UP to date Mclaughlin has devoted
great deal of his official time and atten-
tion to making life miserable for his
former friend.
Abertelli sells wines and liquors in
bulk, and has a Government license. He
has no bar and no liquor is sold to be
drunk on the premises. Mclaughlin ar
rested him a number of times for selling
liquor without local license. After he
had been convicted and fined two or
three times, Abertelli engaged Lawyer
George Ryerson, and after that when he
was hailed before the magistrate he was
invariably acquitted.
On Sunday, September IS of last year
Mclaughlin saw woman going into the
store with small demijohn containing
wine. which she was about to take to her
daughter in Staten Island She had just
purchased some groceries to take along,
when Mclaughlin rushed in and arrested
Abertell for selling the woman liquor
The grocer and the woman were taken TO
the police station and Mclaughlin in
sisted upon locking Abertelli up
At the examination the policeman
swore that he saw Abertelli fill the demi-
John. 1t was. -conelusivelyS- shown that
the woman had brought the wine from
her own house and that she only pur-
chased groceries in the store Abertelli
was acquitted and he at once instituted
suit against Mclaughlin for false inn
prisonment, claiming $5,000
This spurred Mclaughlin to renewed
h; In lou a m
Costa. to Abertelli's place on November "a
and afterward Costa went before the
Grand Jury and had Abertelli indicted for
selling him liquor on that date Costa
swore SO much and so strongly that he
convinced the Court and the Assistant
Prosecutor that he was lying.
The defendant was prepared to prove
this morning that Abertelli was not in
the store at all at the time Costa sWore
he bought the liquor from him, but that
he was in Sterling, N J., but there was
no necessity for it. At the opening of
court Mr.. Van Wrinkle said he had noti-
fed Police Captain Usher that he would
not proceed with the trial unless better
evidence was produced and he would now
ask the Court to discharge the defendant.
LAWYER Ryerson spoke of Mclaughlin S
persecution of Abertelli, and said that the
stool pigeon and no doubt persuaded him
TO neriure himself He suggested that
they Should both be sent for and proper
action taken by the Court.
Mr.. Van Wrinkle said there was no doubt
in his mind that Costa had committed 3 ;,p-
solute perjury, but suggested that the
matter be reserved for further considera-
tion.
said that the matter was not in such a
shane as would Justify the Court in taking
action at present but if Costa comes pc
The Judge then directed verdict of ac-
Quittal.