The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-11-27

IpEANUT ERWIN
Prosecutor Manufaot
Yellow Paint for the
Evening Journal. "
BOSSINc The GRAND JURY
All Business Arbitrarily With
drawn Gene Sullivan
Case the Excuse.

The question as to the right Of the
States representative to arbitrarily force
the Grand Jury to conduct its business
along lines laid down by him seems to
have heen the cause of clash between
Prosecutor Erwin and that body yester-
day afternoon. AS result large num-
Der Of witnesses were compelled to leave
the Court House without an opportunity
| to testify. Many Of these witnesses who
waited in the dark, cold corridor for over
three hours were working people who
could Ill afford to come again.
AS far as could be learned the Prose-
cutor offered no legal reasons for his in
sistance on right to direct the work
ings of the Grand Jury, but arrogantly
removed from their custody all the papers
in cases which he had previously placed
before them. This action left the Grand
Jury absolutely powerless to continue It's
business, and an adjournment until FRI
day was ordered after Foreman Charles
S. Furst had been appointed commit
tee of one to see Justice Collins as TO
the right Of the Prosecutor to dictate. to
the Grand Jury.
This morning, Prosecutor Erwin would
offer no explanation as to his unprece-
dented action other than to remark:
They had started an investigation in
one case and / consider my stand, in in
sisting that they continue it to compile
tion before taking up another, was log.-
cal one.
rs there any legal precedent for your
action?'s he was asked.
II do not care to discuss the matter
now, but I think I will find legal author
ity for my position should it become
necessary.
Then you will still refuse TO present
any case to the Grand Jury until the one
in dispute is disposed Off
Processes have been issued for the
witnesses in that case, and in no other, 70
be here on Friday was the reply.
The case over which the dispute arose
was that of Gene Sullivan, whose place
on Pavonia avenue was raided by the
Jersey City police some time ago. The
action Of two preceding Grand Juries in
refusing to find an Indictment on the
grounds OF insufficiency of evidence led
to spirited controversy between the:
members Of the December 1900, ter jury
and DR.. McGill. '.
when Foreman Charles 6. Furst called
the case, Chief of Police Murphy was
the first witness summoned. He gave IN
detail the story OF how he had laid plans
for the raid of Sullivan's place and how
it had been successfully accomplished
Asked if gambling place was still be-
ing conducted by Sullivan or any one
else, he replied in the negative.
Tt was at this point that the first trouble
occurred. It is claimed that number of.
members of the Grand Jury We're anxious
to dispose Of some minor cases for which
witnesses, who would ill-afford the time,
were in waiting. The witnesses in the
Sullivan case were connected with the
Police Department and were losing moth
ing by waiting.
Chief Murphy was excused and, 1t IS
said, Foreman Furst announced that the
inquiry into that particular case would
be resumed later in the day. He asked
the Prosecutor to go ahead with case
No 256.
IF you don't go ahead with the Sulli-
van case. will not present any other to
you, Prosecutor Erwin is reported to
have answered.
Members at once put questions to Erwin
as to his right to control the business OF
the Grand Jury but beyond the am
he had nothing to say.
Mr.. Erwin then gathered up all the
papers in the different cases scheduled
for the day and walked from the Grand
Jury room to his office. The Prosecutors .
surprising demand was the topic Of an
hour and ihalf's discussion after he had
left the room, and, finally, that the busi-
ness Of the term might be properly dis