The Jersey City news., 1899-12-19
NEvIN'S REPLY.
Grand Jury's Attack Shown
to Be Stupid and IN
justified.
ERWIN'S FINGER IN The PIE
Legal Blunders and Spiteful'
Falsehoods For Which He
Seems Partly Re-
sponsible.
ERWIN'S FINGER IN THE PIE

S. Erwin regarding the Grand Jury pre-
SENTIMENT
To Hon. James S. Erwin, Prosecutor OF
Hudson County
Sir-The extraordinary character OF the
latter part of the presentment made by
the Grand Jury of the September term on
Mondav last. and the fact that you as
Prosecutor must have had cognizance OF
the matters brought to the attention Of
that body impel me to address this letter
TO you.
AS the matters and things complained OF
against me have grown out of the rela-
tions between my office as Police Justice
of Jersey City. and your office as Prose-
cutor of Hudson County, they must have
been brought to the attention Of the
Grand Jury either by your office or by
mine There has been, no complaint, so far
as can ascertain, from any other source.
and the presentment refers particularly to
papers on file in your office AS / have
had no reason to feel that l had been neg
ligent in any particular in the discharge
of my duty. the charges could not have
emanated from me: therefore they must
have come from you.
Three charges appear to have been
made in the presentment, one of which.
the first, is general charge against
Justices and especially the Police
justices of Jersey City, and two of which
directly reflect upon me, my discharge Of
the duties of the office hold and upon
the conduct of the clerk of my court.
They are as follows
L Why the jail is crowded--Charged
that it is due to the action of different
Justices and particularly to the Police
Justices of Jersey City.
2 Carelessness and neglect of commit
ting Magistrates shown by Grand Jury's
examination of papers filed with the
Prosecutor, especially noticeable in court
presided over by Police Justice Nevin,
the clerk of which court is James Norton.
3. Neglect of his duties by Police Justice
Nevin by his absence from court.
The recital of these charges in so far as
they affect me, shows conclusively your
responsibility for the presentment made
by the Grand Jury, as it must have been
based upon such Representations growing
out of the relations of our offices as you
furnished. and could not have been the
result of an examination of the law applic-
able to me as Police Justice.
/ now ask you to examine with me these
charges seriatim:-
Charge l. Why the jail is crowded
charged that'it is due to the action of the
different Justices and particularly to the
Police Justices of Jersey City.
The Statutes of 1898, sec. 6S, page 1872,
shows the law governing Justices and Po-
lice Justices in this regard to be as fol-
lows
''6S. Every person sentenced under the
laws of this State, to imprisonment for
any time not exceeding six months, shall
be confined In the common Jail of the
county where the. conviction was had,
OF the county workhouse, or the county
penitentiary, in the discretion of the
court, and there safely kept until the
term OF his confinement shall expire and
the fine and costs of prosecution shall
be paid, or until he shall be discharged
by due process of law, and every person
so sentenced to the penitentiary shall be
transferred to and confined In such peni-
tentiary within ten days after such SEN
tence; every person resentenced to hard
labor or Imprisonment for any time over
six months, shall be imprisoned in the
penitentiary located within the county
wherein such conviction was, instead of
State prison, unless the person so con-
victed shall have served a term previous
ly in the State prison, in which case the
person so convicted may, in the discre-
ton of the court. be imprisoned in the
State prison"
The common Jail IS the county Jail.
An examination of this section shows
two things clearly. First. that it was the
intent of the Legislature in framing the
act to direct the Justices to commit by
preference to the county jail. and second
1y, that in any event it was left entirely
to their discretion. Without entering into
a tedious discussion of this subject I de-
sire to advance the general proposition
that the great percentage of offenders
against the law, who are convicted before
Police Justices within the meaning of this
section, should not be sent to the county
workhouse or the county penitentiary, and
subjected to the same personal indigni-
ties as convicted felons, which are in
brief the cutting off of the hair, beard and
donning stripes. etc. My experience i'm
pels me to believe that such complete
degradation for minor offences does not
tend to encourage the trivial malefactor
to reformation. In the case of the vicious
and persistent infractors Of the law such
treatment may be for the best. blic the
truth of the main proposition cannot be
denied.
If you cannot agree with me in my in
depreciation of the statute quoted and
with the proposition advanced, it may be
your duty, If your conscience impels you
to approve the illiterate and ungrammati-
cal charges formulated against me in the
presentment, to urge my Indictment by
the present Grand Jury. / decline to see
the error Of my ways and shall continue
In the future, as in the past, to discharge
my duty fearlessly and conscientiousiy as
it is given me TO see It. Let me add that
when you ask for my Indictment under
this act, as an exponent and living en-
bodiment Of the avenging majesty of the
law. with equal justice, you must ask for
your own indictment also, as you were a
member of the legislative commission that
framed the act and recommended its pas
sage by the Legislature.
II the other Justices and Police Justices
are at all embarrassed bystfiis charge, let
me commend them to The ufsasm Of the
late Grand Jury. wnst uEder the guild
ance Of It's able and ert mentor, fur
n1shed in its pre- I. nlllA the following
additional reason. WAY trivial offenders