The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-02-14
MURPHY SCORES POTTS.
Lawyer Says Gallery P1ay--Justioe
Says Commit.

The trial of Mary Hurley, of No. $50
Tenth street, on a charge of malicious
mischief in bursting open the door of the
room Occupied by her, preferred by James
Murphy, the agent of the house, caused a
great sensation in the First Criminal
Court today.
Murphy admitted taking the key, but
gave as a reason thai the apartments
were rented by Peter Cregan for his
sister-in-law and Mrs. Hurley is not the
si~ster-in-law and is therefore not the
tenant. He had occasion to enter the
apartments occupied by her on account
of the bursting of a water pipe and find
ing the key outside, apparently aban-
doned, he took possession of it as it was
his property and $3.50 was due for rent.
Counsellor Klink who appeared for the
prosecution claimed that the law gives a
landlord when the rent is in arrears the
right to force an entrance and take
possession of both the place and the
household goods and dispose of them as
he pleases, ever to throwing them out
the windows, so long as he uses no per-
sonal violence.
Justice Potts said he had never heard
of such a law and did not believe any
one else had. If such a law was in
practice, society would be in a nice state.
Justice Potts then denounced as an out
a the action of Murphy and Justice
McCoobery, his clerk, in taking Mrs. HuT-
lev away from her home and sending
her to the County Jail simply because
there was a few dollars owing and even
refusing bail.
1.-The Court would say right here that
if any derelection of duty of this kind
occurs again on the part of any Justice
of the Peace the case will certainly be
brought to the notice of the Grand Jury,
said Mr.. Potts, referring to McCoobery's
delay in sending the complaint.
In reply to Counsellor Kinks plea
that Mrs. Hurley had committed a GRIM
inal violation of law in breaking open the
door. Justice Potts quoted law to prove
that no criminal responsibility can be at
tached to any one for the commission Of
an act which he fully believes is lawful
and he has the right to commit. n
taking of the key by Murphy, Justice
Potts said, was a high-handed piece or
work. and the defendant in this case has
good cause to sue both him and Nc
Cookery for damages for false imprison-
ment. He would dismiss the complaint
and discharged the defendant.
On hearing this decision Mr.. Murphy
waxed wroth and exclaimed that the
Court was playing to the galleries. Jus
tice Potts heard Murphy's remark and
rapping loudly with his gavel called upon
him to listen and then said
Mr.. Murphy, if you do not Immediately
take back those words | will commit you
for contempt of court"
Murphy attempted to argue the case
but was stopped by the Justice refusing
TO hear one word from him except an
apology.
Counsellor Klink advised Murphy to
take back the words he had uttered.
Murphy still hesitated and Justice Potts
ordered Court Officer Bruen to lock him
mn. Finding the Justice was in earnest
wen, If this Court aggravated me to
say something not agreeable to it, I
apoiogize for saying it,
Iustice Potts said:-ssThat apology will
NOT do, it includes an insult to the Court
and now if you do not at once make an
apology in the right manner the Court
Breune at the same time advanced to-
ward Murphy.
Mr.. Murphy then said:-'I apologize to
the Court for the remark I made. but |
wish to say that i ave been accused
here of having lone this woman a great
wrong. throwing her into jail. With that
I had nothing to do. ] merely made COM
plant against her and the Justice dis
posed of her as ne thought proper.
This apology was accepted and Justice
Potts warned Mr.. Murphy to be more dis
Greet in any future dealings he may have
with the Court.