The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-01-18
ASKS NEW TRIAL.
Convicted Man Seeks Ac-
quittal on Strength Of
New Evidence.

Lawyer Alex. C. Young yesterday, made
application for new trial for John Hol-
ter, Weehawken man. sentenced to two
years in State Prison for stealing copper
wire, for which crime two other men have
since been arrested and are in the county
Jail awaiting trial Prosecutor Erwin ad-
mitted that he regarded Hotter as only
partly guilty of the charge for which he
is now in prison, but thought that as
his confession which led to the arrest of
the supposedly real culprits was not made
until Imprisonment stared him in the face
heh ad not been unjustly punished.
Lawyer Alex. c. Young contended that
, a man should not be kept in prison when
developments had arisen to show that he
was not guilty of the charge on which he
was convicted. If he was guilty of some
thing else he should be tried on that
charge he argued
on December last, Hotter was convict
ed of stealing copper wire belonging to the
Hudson County Electric Light Company
from Highwood Park He insisted that
he had bought the wire for five dollars
from man he did not know. Subsequent
developments led Prosecutor Erwin to in
quire into the case and resulted in the
arrest of George Carroll and Sherman,
alias Silas Neff, on the charge for which
Hotter was already in prison. Carroll was
arrested in New York and was recently
extradfted here. Neff was captured in
Hoboken. Both men were former en-
ployes of the electric light company from
whom the wire was stolen, and each de-
MED his guilt of the theft when arraign-
TlI1 ~ a.. -
General Sessions yesterday.
The arrests of Carroll and Neff had
been brought about through an affidavit
made by Fred Rost of No. 7S4 Adams
street, Hoboken, which was read in court
by Lawyer Alex. c. Young yesterday
afternoon when he made his application
for new trial for Hotter. The affidavit
set forth that on September "a, the day
Hotter was charged with having commit
ted the theft of the wire, he Rost, was
in company with Heller in Weehawken
They met two men, one of whom Rost
says he believed to be the foreman of
the Electric Light Company. who asked
Hotter if he would not purchase some
short pieces of copper wire from him.
The affidavit states that on that night
the signers went with Hotter to sa-
loon at Willow avenue and the Bulls
Ferry road where Hotter bought the. wire
for $5. At the approach of policeman
the two men, supposed to be employees
IF the Electric Light Company, who were
in a wagon belonging to that company
drove rapidly away, leaving Hotter with
his purchase.
Lawyer Young admitted that the evil
dence produced at the trial warranted a
conviction, but the affidavit of Rost
changed the aspect of the case to the
extent of explaining how Hotter came
into possession of the wire. He admitted
that, after the conviction, the Prosecutor
had done considerable work in finding
out who the guilty parties were, and in
sisted that his client was entitled to a
new trial.
Prosecutor Erwin said that although
Hotter was convicted on December of
petit larceny and sentenced on December
s, it was some time before he sent the let
ter which gave the explanation which led
to the arrest of the company's employees
The fact was disclosed at the rial that
Hotter had made an engagement with
the men in the morning to purchase the
wire and this alone should prove him
< uilly, Lie Dtollt 3 lawyer cUuteuQeQs
Mr.. Erwin further contended that un-
der the fifty-fifth section of the criminal
procedure act, after the term in which
the conviction was found had passed, the
time to change such conviction had ex-
pired. He said that Holter's COINCIDENCE
had not pricked him until after his ar
rest and conviction. and then he gave
information inf1icting others.
The Prosecutor further intifnated that
If an injustice had been done leniency
might be expected from other sources. In
answer to a question put by Lawyer
Young Mr.. Erwin said he thought Hotter
was only partly guilty. He added that
1t was very important that Hotter should
not get out Of the jurisdiction OF tho
court as without him the State could not
convict the other men under arrest
+ Judge Blair said he would announce his
! decision on ~ applic tion on Monday,