The Jersey City news., 1899-12-19


at snake Hill. This food is not at all
times what it ought to be, and particu-
larlv is this the case with the bread
now come to the second CHARGE
2. Carelessness and neglect of commit
ting magistrates shown by Grand Jury $
examination of papers filed with the
prosecutor. especially noticeable in the
court presided over by Jolice Justice
Nevin, the clerk of which court IS James
Norton.
In order to understand where any care
lessness and neglect may have existed. a
close study of the language used IN me
presentment is necessary
It appears to be, first carelessness ap-
parent on the face of the papers them-
selves; and secondly, neglect by reason
of delay in transmitting papers to ths
Prosecutors office, and the consequent
injustice to the defendants.
To the first specification it seems to me
the answer of Mr.. Norton, published IN
the Evening Journal Of December u, Is
complete. His duties are the preparation
of the papers, except in the most I'M
portant cases, and in his ability ana IN
telligence I have the utmost connuehce-
! 1t is only fair for me to say that SOME
few months ago you suddenly discovered
faults with papers filed in your once py
the clerk of my court. When ! requested
a specific description of the alleged faults
YOU were unable to indicate them. l dis
cussed the matter of your complaint with
Mr.. Morton and found that at that very
time papers filed by the clerk or the other
court had been returned to him for cor
rection by your office. AS he had had moth
ing whatever to do with them, directed
that they be returned to you.
The answer to the second specification
of charge two {2) can be found in the
law defining our duties in this regard,
which is found on p. 9o6, sec. 100, laws OF
1898. and which is included in the report
of the commission Of which you We're
member in that year, and which you rec
commended for passage by the Legisla-
ture:-
'.109 1t shall be the duty of every mag
istrate to keep a docket, in which he
shall enter the name of every person
against whom he may issue any war
rant. the name and address of the com
plainant in each case, the names OF wit
nesses in each case, with their respective
addresses the nature of the charge
against the accused, and whenever bail
is taken in any case, the name OF the
bondsman and his address; and each OF
said magistrates shall, within ten days
before the opening of each term Of the
Court Of Oyer and Terminer, present all
complaints, warrants, recognizances and
all other papers in every criminal case,
when complaint has been made before
him, to the prosecutor of the pleas OF
his county; provided, that this section
shall not apply to any police justice or
criminal court in any city of the first
class in this State, except as to cases
In which such police justices act as COM
hitting magistrates"
By this section it is clear to any ex-
cept the most puerile mind that papers in
our possession might be withheld from
the Prosecutors Office from the opening
day of any term until within ten days
prior to the opening of the succeeding
term. That is the law, and the law you
aided in revising and recommending to
the Legislature of 1898. But it has al
ways been my practice, and my clerk
has been so directed, to forward with
reasonable dispatch all papers which
should be filed in your office. There may
have been few exceptions, but if there
are an examination of the facts will
demonstrate that good reason for delay
existed. A notable example of this is the
case of the young man, Paine, which is
cited in the presentment of the Grand
Jury.
The correctness OF the information, or
mfsinformation rather, upon which the
Grand Jury based this presentment can
be inferred from the information given
caid T0ai H.
mitted from my court on the 10th day of
November, when as matter OF fact the
warrant for his arrest was issued by Act
ing Police Justice Mccormack on Novem-
her TO- He was arraigned on November II
and committed to the County Jail on NO
vember IA It Is further stated that al
though repeated requests were sent to the
Magistrate and Clerk in question for the
complaint against this boy, this complaint
did not reach the Court House until the
7th day of December. as appears by the
receiving stamp on said complaint, etc..
The first application made to me In the
matter was on the evening OF December
6. when I was approached concerning 1t
by Mr. Armstrong, counsel for Paine, and
l am assured by Mr.. Norton that no re-
quest had been made to him In the matter
until / called his attention to 1t on the
night of December g. 1t is difficult to be-
lieve that you would knowingly mislead
the Grand Jury, but these are the facts
and the public must draw its own con-.
clusions.
Did 1t occur to you that in your anxiety
TO regulate the business and promote the
dignity OF the Justices courts, a great
wrong was done? You will recall lthat
you, or your representative. consented 10
the discharge of Paine without a trial
Do you think that such an act will tend
greatly to stimulate and encourage the
officer who made the arrest, at the cost
of considerable physical injury to him
self, to renewed efforts and sacrifices in
the line of duty, or his fellow policemen in
this city or county? Do you think 1t can
be particularly satisfactory to the Colgate
CO. upon whose property the larceny was
committed?
Do you think that an occurrence such
as this tends to shake the faith of our
people in the shielding and protecting
power and influence of the law?
Do you think that miscarriage of
justice such as this will be hailed with
delight by the members of the bar whose
ingenuity-as in this case-will be taxed
to invent novel and unheard of defences
in criminal actions? And, lastly, do you
not think 1t must be ttidtngs of great
joy to the criminal classes to know that
!