The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-02-06
VIRTUAL
AcQU|TTAL.
Joseph M. Noonan and
Alexander Simpson Re-
lieved From Bail. !
JUDGE LIpplNCOTT'S DECISION
Final Collapse of the Evening
Journals" Atrocious
Fake NO Date
For Trial.
JUDGE LIpplNCOTT'S DECISION

Justice Lippincott gave his decisions
this morning, on the application made
last Thursday by former Judge Thomas
r. Noonan to have Joseph M. Noonan dis
charged on his own recognizance and also
to have a date fixed for the trial of the
indictment against Mr. Noonan and Alex
ander Simpson for conspiracy.
The motion to have the defendant, Mr..
Noonan, discharged on his own recog-
nizance was granted, and the decision ap-
plies to Mr.. Simpson, the other defendant.
The Court, however, refused to fix a date
for trial. Justice Lippincott said that the
Court would not exercise its discretion at
this time but would lay the matter over
for further consideration.
After reviewing the facts In the case.
Judge Lippincott, in his decision, says
Three terms have passed since the trial.
and during these three terms the State
has not moved the Indictment again. This
is not the result of any default upon the
officers OF the State: but because of cir
troll. The Prosecutor does not resist re-
sist this motion, but leaves it to the dis
cretion of the Court. The matter of bail
Esin this case has never been regarded by
the Court as matter of any very great
moment, and as the case has not been
moved by the State during the last three
terms of the Court, 1t is the exercise of
fair discretion that the bail of tn de-
PENDANTS should be relieved from further
obligation. This motion in this case at
present sounds in relief and discharge or
| the bail principally, and as the State does
| not oppose the motion there seems to be
| no reason why the motion should not be
| allowed.
A rule, therefore, may be entered dis
charging the defendant, Noonan, from
bail. upon the defendants entering, into
| recognizance to further appear and an
| swer the Indictment.
| second motion Is to the Court to
| peremptorily fix a day for the trial Of the
| exercise its discretion in favor of this
| motion, and if the Court has the power to
| do so, yet, under the circumstances of
| to exercise it's discretion in the direction
| of the allowance of the motion.
statute previous TO 1895, is laid down il
! Apgar VS.. Woolston, IA Vroom 81, State
VS. Hickeling, 16 Vroom 152. The Court
| after the second term had passed, could
/ in the exercise of its discretion, fix day
| for trial. empanel jury, call upon the
| the State failed, direct verdict for the
defendant. If on the day fixed If any
good reason appeared the Court couid
/ further postpone the trial
There Is , mandatory "a 9S o III trls ~.
posed iE the Court % rests in its cound ;sln dis
| AS against the sworn officer of the
] State, the Court will be wary in the ex-
I GrclS6 OIL It's Q1SCreIlOn unOl dlleI lull cpV
| portunity to move the trial of the indiet-
| ment. The cause has slept three terms
| without the judicial attention of the
! Court being called to it., Both sides have
| been resting upon their legal rights. The
| defendants were not bound to call atteil-
| tion to it and move for trial, and are
! action of the Court except in the way
| of advice could result in having the IN
| dictment moved for trial. The State may
| have assumed that the defendants were
| satisfied with the situation. These are
reflections which naturally come to the
mind of the Court.
| can fix no day during the present term
! for trial. The motion comes too late for
! that. The presiding Judge of the Oyer
| and Terminer will be peremptorily en-
| gagged in other courts from now on until
| the last week in March, and cannot now
| attend to try it. If the motion had been
might have received consideration. The
| cause is to be tried by struck jury, and
| it takes the statutory period to summon
and empanel such a jury, which would
| the presiding Judge was not compelled 10
! be absent.
| 1t is well to remark or the benefit OF
| all parties that the discretion which IS
| reposed in the Court of fixing day Tor
| trial and if the Indictment be not moved
| by. the State, to direct a verdict or
a reasonable time upon demand of the de-
| PENDANTS if the indictmsnt pc not moveaa
I provision guarantees to an accused q
Speedy disposition, and If such DISPOSE
| ton be demanded by the defendants. it
must be given them under the statute
regulating the procedure of the courts.
| The courts are bound to obey and en-
! force the statutes which regulate them
! in their judicial conduct.
1t must be said also for the benefit cf
! the parties that if the Justice Of the
| Supreme Court is expected to preside at
| the trial at the Oyer and Terminer,. the
| motion to fix day for trial, made eithex
| by the State or the defendants, must ba
| made early in the term in order to obtain
! a trial during the term. OF course the
| Court does not at all by these remarks
| intend to embarrass itself in the exercise
! of its discretion in the administration OF
| justice, in determining such motion acs
cording to the circumstances as they then
| appear.
If the defendants desire to do so this
motion to fix a day can be renewed At
| the next term of the. Oyer, which eom-
mences the first Tuesday in April next.