The Jersey City news., 1899-12-19

have the honor to preside This lack OF at
tendance has been characterized in the
presentment as detracting from the dig
nifty of the courts, and the substitution of
proxy is termed a delegation Of author
ity apparently without sufficient warrant.
/ viii deal with this latter statement
first. The act constituting criminal
courts, sec. 10, page 444, Of the Laws
of 1894, is as follows
40 And be it enacted, That it shall
be lawful for judge Of any Of said
courts to sit as judge of any other OF
said courts and any duly qualified jns-
tice of the peace, at the request OF the
Judge of said court, may sit IN the place
and stead of said judge, and the judge
or justice so sitting shall have the same.
powers and authority as the judge of said
court
1t would appear from this section that
the Legislature in its wisdom took cog
nizance Of the fact that a police justice
might be unable to attend court every
day in the year except Sunday (Which
is the only day the police courts
are not in session.. And further the franz
ers of the law provide with great clear
ness, and with sufficient force, that a Po-
lice Justice or even a Justice OF the
Peace. to sit in his place and stead. But
1t has remained for the late Grand Jury to
establish a new understanding Of the
rights and privileges of a Police Justice
1t is true that l was unable to ST IN
court from September 30 until December
1, 1899. and for nearly two weeks in April,
1899. During the latter period l was con-
fined to my bed during the former l was
in attendance upon the Court, although
suffering previously from laryngial anec-
ton at the risk of permanently losing my
voice But it is sufficient answer to TINS
charge to say that I challenge you or any
man to show one occasion when l missed
attendance at court because of any rea-
son other than serious Illness or eircum-
stances beyond my control.
With a refinement of cruelty that GER
tainly is not characteristic of great
minds, the Grand Jury was led to cover
its attack upon me by means OF pres
eminent, thus leaving me under grave
imputation of wrongdoing without any
means of redress or any opportunity TO
refute the charges. To what extent you
are responsible for these charges cannot
be known-the majesty of the law sur
rounds their deliberations with inviolate
secrecy But for the reasons before stat
ed YOU must have been cognizant of them
at least and it is fair to infer the Grand
Jury had the benefit of your knoWieoge
and advice. Did it occur to you
when these charges against me We're
being considered that common courtesy
demanded that I should be called before
them to say what I could in explanation
or defence? I am branded with crime
and no court or tribunal on earth is open
to me to answer, deny or justify. Ny
only recourse is the press, in which to
reach the public Was this right or just?
What possible reason can be offered 10
excuse or palliate this act, which is in
effect an assassination of character? It
would have been merciful to me to have
advised an Indictment which could have
met and answered, face to face with you.
at the bar of justice. That would nave
been the honorable course to have pur-
sued; but beyond the petty malice which
must have actuated the misrepresenta-
tion made to the Grand Jury there was
absolutely nothing upon which to frame
an indictment, and nobody could be found
who dared to attempt it.
But as agreeable as the duty forced
upon me is this letter must be brought
to a close. It has been hastily written,
but its statements are correct, and so
clearly made that there can be no occa-
sion for any misunderstanding. The pub
lie were entitled to hear me in answer
to the presentment and it is in the dis
charge of the duty 1 owe to them that
1 have thus addressed you. AS for you,
sir, If we have passed pleasant and
instructive half hour together which will
rebound ultimately to the benefit of the
public service, shall feel absolutely re-
paid for the little time and effort I have
employed.
JOHN j. NEvIN.
JERSEY CITY, December IS, 1899.