The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-02-05
FINAL DISGRACE.
Journals Persecution Of
Lawyers Noonan and
Simpson at Last
Abandoned.
NOLLE PRESSES ENTERED
The Witnesses of the Fake
Sheet Dared Not Come
Into Court Again.
JUDGE HUDSPGTH'S TESTIMONY
Disbarment Proceedings Bring
Out a Conclusive Point
for the Defendants.
JUDGE HUDSPGTH'S TESTIMONY

lOI LflO
AS rule the courts move slowly bul
they get there eventually. In the Oyel
and Terminer Court this morning the IN
dictnient for conspiracy found at the De
cember term of court, 1897, against JOSEPH
NJ. Noonan, who was then Assistan
Prosecutor. and Alexander Simpson, wa:
nolle pressed on motion of Prosecutor Err
win. The defendants, especially Mr. Moo
nan. have been strenuous m their effort.
to have the case brought to trial or ncil'
pressed since the disagreement of the jur,
two years ago this month, but the Cour
has hitherto refused to fix day for tria
and the Prosecutor would not consent L
enter a nolle pros.
After the Court had received the plea o.
Theodore Brunnert this morning 20 81
indictment for murder. Prosecutor Erwif
brought up the Noonan- Simpson case HF
said that Joseph NJ. Noonan and Alexan-
der Simpson were indicted for conspiracy
att the December term of court, 1897 Ihs
case was tried before struck jury about
two years ago and the jury was unable te
agree Since then the State has made re-
peated efforts to procure the attendance
of witnesses in order TO try the case over
again. but has failed The main witnesses
are non-residents and therefore beyond
the jurisdiction of the Court. Mr.. Erwin
said that he had made personal efforts to
secure the attendance of the witnesses
and continued
I'm view of the disagreement of the
jury in the previous trial, and the fact
that there is no additional evidence al
the. command of the State, / do not think
the State would be justified in moving
another trial of this case.
1T Is. therefore, deemed consistent with
the interests of the State, and all. the
parties, that the case should be disposed
of and no longer remain on the rec
ords of the Court for trial,s and more
than two terms having elapsed since the
former trial motion is made that the or
der be entered by the clerk of nolle
presequi to the indictment"
s.As counsel for one of the defendants
Mr. Noonan, said ex-Judge Thomas F.
Noonan, II desire to say a few words
and ask Inc indulgence of the Court
The defendants have been most anxious
for another trial and have made applica-
tion to the Court to fix day. There
mitting that the State has done all in
its power to bring the case to trial again
I desire to make statement. The de-
PENDANTS are anxious to have the testi-
mony of Judge Hudspeth."
rs there any opposition to this mo-
tion? asked Justice Lippincott, interrupt
ing Judge Noonan. s'If there is the slight
est opposition the Court will at once re-
fuse to grant the motion"
ssThere is no opposition on my part.
exclaimed Lawyer Simpson, who was
standing in front of Clerk Fishers desk.
81 merely ask the Indulgence of the
Court to make a few remarks said ex-
Judge Noonan.
rs there any necessity for such re-
marks?'' asked Justice Lippincott
ST merely ask the Indulgence of the
Court to say =" said ex-Judge Noonan.
what can or cannot be done, y
said Justice Lippincott again inter-
rupting counsel, what evidence is OF
is not in existence. is not material
to this motion. The Prosecutor says
he is unable to procure evidence
which would warrant him in moving the
Indictment again. The court must be-
lieve this to be true. The court is moi
here to apologize for what the Prosecutor
has been unable to do nor to hear argu-
ments from the defendants on this mo-
ton. The court does not feel that in the
exercise of the judicial discretion it has
any choice but to grant the motion.
VERY well" said ex-Judge Noonan, =
have NO desire to insist upon the remark
had intended to make
Noonan and Simpson were indicted fo'
conspiracy to defeat the ends of justice
by accepting a brfbe ito secure the dis
charge of one Anton Boskowski, who haS
pleaded guilty of obtaining money unde
false pretences. Their trial began OF
February Z, dS9S, and ended on Februar!
Is, with disagreement of the jury
Boczkowski was arraigned on Novem
ber 10, 1897, on an indictment for grant
larceny. he pleaded guilty. Mr.. James
D. Manning, his counsel, was not il
court when he pleaded, but came in i'm
mediately afterwards and on learning o.
the plea applied to Judge Hudspeth fol
leave to withdraw 1t on the ground thai
the Pole had not understood the plea ane
had not been represented by counsel
The examination of Judge Hudspeth, be
fore Supreme Court Commissioner Gar
rison, on the disbarment proceeding:
against Noonan and Simpson shows what
followed in connection with this case
The reason why the Judge was not called
as witness on the trial was that, al
though the defendants desired to have
the benefit of his testimony, it was de-
cided. at a conference between the Couri
and counsel, that Judge Hudspeth should
not be called as a witness because he
was member of the Court and if ht
were called the case would have to bs
postponed Indefinitely. The Judge ex-
DlaiT1s this fully in his testimony where
III reply to a question BY Mr.. Thomas
F. Noonan,, he said
Holman said something about my neinz
..vaae time By the forelook.. If your bloo<