The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-04-18
SPEEDY TRIAL.
Joseph M. Noonan's De-
mand on the Court and
Pros ascutor for Justice.
Mr.. ERWIN HANGS BACK
Queer Tactics in the "Jour-
nails Celebrated Case
Witnesses Apparently
Not Producible

| T.aWyer William III. Speer made an ap-
| plication to the Oyer and Terminer Court
| this morning to fix a date for the trial OF
the indictment against Lawyers Joseph
| NJ Noonan and Alexander Simpson for
conspiracy to have prisoner released for
| a consideration. Justice Lippincott and
Judge Flair were on the bench. Prose-
cutor Erwin, representing the state
/ said
This is not an application in behalf OF
the defendants in the indictment; 1t IS
an application on behalf OF Joseph NJ.
| Noona,, only one of the defendants
object to the Court fixing a day now be-
cause the Prosecutor Office Is not ready
to have day hxed, and the State is un-
/ able row TO say when it will be ready to
try the case or to name a day for trial.
The witnesses necessary for the proper
| trial of the Indictment are very numer-
Gus. and mostly non-residents. Special
ARRANGEMENTS will have to be made TO
nroe1Ire their attendance The defendants
| know of this situation. They have slept
| on their rights since the December Term,
| 1897. and not until now did they move for
| the relief which they seek. Application
was made to be discharged upon their
own recognizance, and the State con-
| seuted to that. and they are fully relieved
| to the extent to which any one indicted
| is entitled. Important public business re-
| auires the undivided attention OF the
Prosecutors office for a considerable time
| to come 1t will require weeks of labor to
prepare for the trial of that indictment,
to arrange for the attendance OF wit
nesses, one of whom now is testifying be-
| fore the Senate Investigating Committee
in New York, and it is doubtful If his
attendance could be procured here. Be
| sides this, there are other proceedings
against these defendants pending in the
| Supreme Court and 1t may be that this
| motion is made to gain time in those pro-
| ceedings, or to embarass the State when
| this cause should be forced on for trial.
The indictment must be tried before
| struck jury, and 1t will require month
or six weeks for preparation. 1t took two
| weeks to try it, and it involves the ex-
| penditure of much time, great deal OF
| money; the business of the two courts is
suspended for the time being. This is an
unusual application, and Section 70 of the
Criminal Procedure Act under which 1t
! is made, leaves the matter discretionary
with the Court. The Court may fix a day
for the trial of an indictment. This in
| dictment has been tried and 1t is not quite
certain that by that trial the require
| ments of the statute, Section 10, has not
been complied with, and the Court may
have no power now to fix day under
| that act AS l bave said important and
pressing public Business will not warrant
| the State in consenting to any day being
| fixed at this time. A trial once been had,
and the defendants having been dis
! charged on their own recognizance, the
| Court should hesitate before arbitrarily
| embarrassing the prosecution and driving
us to a trial before we are fully pre-
pared"
! Mr.. Joseph M. Noonan said:-'There Is
! only one defendant making this applica-
| ton, and I can inform the Prosecutor,
| who says he is not aware of it, of the
motive which prompts the application for
/ a speedy trial. Every man accused of
| crime, who knows he is innocent, desires
| an opportunity to establish his innocence
/ We have not slept upon our rights. The.
| last term of the court was the the first
| term at which it was possible to make
/ this application, and the application was
] then made. Then, owing to the engage
ments of the court, it went over to this
! term, and notice of this motion was
served for the first day of this term, and
the matter was put over until today,
| and that notice was serveds last term be-
fore the committee of the Bar Association
! had begun proceedings In the Supreme
| Court. The statute is intended to force
| an early trial, to carry out the mandate
| of the Constitution that entities every one
/ accused to speedy trial. No more i'm
/ portant case can be imagined; the public
! press was full of it; the Court charged
| the Grand Jury at great length upon the
! subject; the accused were held up to op-
! probrium, disgrace, contempt practically
| driven out of practice, and the Prosecu-
| tors office cannot find time to try this
| most important case What are they busy
| at?"
THAT'S none of your business" inter
jected Prosecutor Erwin.
sT don't know continued Mr.. Noonan.
! '.It Is not visible. Any man standing in
my position accused Of crime has right
| under the statute to apply for a speedy
| trial! 1t is the intendment of the law
| that the Court shall say to the Prosecu-
| tor. after this lapse Of time, We will set
| this case down for trial on such day,
| and you must attend to this most inn
portant case, and may say, as the public
| press has viewed it, the most important
| case that has ever occurred in this coun-
/ ty and that the defendants if innocent,
may go acquitted. No man ought to be
! subjected to this disgrace, annoyance,
\ and humiliation without any opportunity
! of Justification The Prosecutor says we
! have had a trial. 1t was a mistrial, and
the statute provides for trial.. a speedy
! trial, ana | earnestly request the nxing
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