The Jersey City news., 1901-07-27
THAT INQUIRY.
Testimony at State Hospital
Investigation Will Be
Voluntary.
CANNOT PUNISH FOR PERJURY
Witnesses May Lie With I'M
Impunity and May Tell
Only What Board
Allows.

ronr LAWYERS are scheduled to partiel-
nate in the investigation that Is TO pe-
gin at the State Hospital on Mohuay-
The fourth one is Colonel John L. van
Claef who is retained by DIR. Jones,
whose term of service at the hospltal VIII
he at an end on Wednesday night. 1oii
H Baelxes will represent the signers oi
the petition. James Buchanan has Deeh
retained by Mr. Hayes to see that iair-
play is assured him as against tne oppo-
sition to him among the employeNo OF lhe
medical department. Edwin hopei
Walker will question the witnesses on pe-
half of the board of managers
Two salient features stand out pronhl-
nently in connection with the lnveslsa-
ton of State Hospital affairs which Is 10
be begun next Monday morning uhoer
the auspices of the board OF managers
of the institution. The first OF these 10
that not one whit of evidence can oe
given nor one subject considered except
it be by the consent of the board OF man
ayers, the members of which nave d III
rect personal interest at stake lnasmuch
as any dereliction of duty at the hospltal
would to a greater or less extent reneel
upon their management.
In other WOfQS Lne DOdrQ itSSil, "AiiSA-
is very much implicated in the allega-
tions which have been made, has entire
discretion as what shall or shall not De
admitted in evidence. If there Is any
matter which the committee desires kept
in the background and the so-called in
vestigation of three years ago shows that
such occasions have arisen in the past,
it is entirely within the power of the
committee to decline to have 1t touched
upon.
The second point which thrusts itself
conspicuously before the public mind IS
that no testimony can be secured unless
given voluntarily by the witness called
upon to testify. This condition arises
from the quasi-official character of the
whole affair." which leaves it optional with
witness whether he shall testify at all,
whether he shall submit to being sworn
or what he shall testify to. No penalty
ran be enforced for false swearing, nor
can any witness be prosecuted for per-
jury should he fail to adhere to the truth
while in the witness chair. These condl-
lions are made possible by the action OF
the Board of Managers in deciding to in
1z4Vestigate stse7f and its friezads-instead Oh
yielding to popular opinion and demand
ing a FULL Tree anu ld1T lnsSSLlSdSOii Ny
disinterested parties.
Counselor Edwin Robert Walker, who
represents the Board in the investigation,
admitted yesterday that no evidence
could be asked for or no line of testimony
gone into without the consent of the In
vestigating Committee. Any witness who
night give false testimony, Mr.. Walker
declared, would be guilty of perjury but
ffr71n
would not be liable to prosecution.
This admission its face is tanta-
mount to a declaration that any person
wishing to shield himself or his friends
or fearful of jeopardizing his position, or
that of his friends, can say what he sees
fit and nothing else so far as any power
vested in the body of directors or its
committee is concerned. This view is
shared by other lawyers in the city, sew
eral of whom, when seen yesterday. de-
clared frankly that from a legal stand
point at least the proposed investigation
is a farce, and particularly SO in view
of the interest of the investigators in its
outsome.
The lawyers who will appear at the in
vestigation representing the various par
ties in interest, have decided upon no
course of action and will be unable to
do so until they learn of the scope of
the investigation and the methods which
the committee intends to pursue
Colonel John T. Van Cleef who repre-
sents Dr. W. #. Jones, said yesterday
that his only interest was to protect the
interests of DR.. Jones, who has been as
sailed. and against whom several accu-
satione have been made which Colonel
Van Cleef intends to disprove If given
an opportunity After a service of nearly
eleven years at the hospital, DR.. Jones is
about to retire, his resignation having
been requested and accepted by the board
of managers.
That there has been friction between
DR. Jones and Warden Hayes is admitted.
but both Colonel Van Cleef and DR.. Jones
feel that this Is no justification for the
onslaught by which the managers have
sought to heap odium on the head of DR..
Jones. Colonel Van Cleef is determined
that Dr. Jones shall not leave the insti-
tuition under the cloud with which the
managers have attempted to surround
him since the hospital itself has been
brought under fire.
ST have not decided upon any course
of action, said Colonel Van Cleef, "and
cannot do so until see how matters
are going to shape themselves. As I un-
derstand it, witnesses can only be called
bv their own consent and that of the
board and. of course, in such an inves-
tigation no witnesses can be subpoenaed.'