The Jersey City news., 1902-01-13
SULLIVAN WINS.
First Skirmish In His Case
Decided Against Prose-
cutor.
HIS APPEARANCE IN COURT
Judge Blair Refuses to In
crease His Bail at This
Time.

Cool and compiacent ssGene, Sullivan.
whose case has created widespread no
toriety and resulted in two Grand Juriss
being summarily discharged by the Court
for failure to find indictments against
hln, stood at the bar Of the General
Sessions Court this morning, while his
counsel, William II. Speers Jr., asked that
his client be not asked to plead to tue
true bill returned by the Grand Jury OH
Friday last, until be had more time to
decide on what course TO pursue in the
cose.
Su,liyan's general appearance created
a most favorable impression. for he cer-
tainly looked totally unlike the picture
OF the habitual tough law breaker
drawn by partisan newspapers seeking 20
make campaign material for next fairs
Shrievalty election out Of his case.
Shortly after sullivan's arrival in
court Prosecutor Erwin arrived. and as
soon as he saw Sullivan he walked Oye-
to where the alleged poolroom keeper vas
sitting and shook him as cordially by the
hand as If he had been much thougi
of friend that he had not seen for years
Sullivan returned the salutation. but not
with as much apparent ardor, The ae-
cused man and the one who is to prose-
cute him conversed together in a i5w
tone for a few seconds The Prosecutor
at the request Of Lawyer Speer, called
Sullivan to the bar to plead to the iudieS-
ment.
Sullivan and his bondman. Mr.. Niemann
stepped brisl1ly to the bar when the for
mer's name was called by Clerk Doaan-
The first court proceedings seemingly IN
dicated that the case win be a long tech
nical legal fight participated in BY the
present Prosecutor and the man who II
is generally believed viii be his strongest
opponent for reappoinfment as Prose
cutor.
The first round Of this legal encounter
apparently resulted in q slight victory for
the defendant for Lawyer Speer succeed-
ed in having the case continued for
week without any change or increase Of
bah and without his client pleading 10 the
indictment found against him.
The court room was crowded with
friends of Sullivan and many persons
who came from curiosity to see the mueh
discussed alleged law violator. During the
preliminary skirmish between counsel the
accused man stood By the side Of his
lawyer and evinced g keen interest in The
proceedings.
Counsellor speer said that he had not
vet fully decided on what course ne
would pursue in the case. It seems likely
however that he will first attack the in
dictment. If he feels that the Courts
mind is fixed on the merits of the alleged
prima facie case in which the indietment
was found, he may apply for writ Of
certforari and have the Indictment re-
viewed by the Supreme Court. where he
will enter a plea of abatement. While
such a plea is viewed generally as move
to delay trial. Mr.. Speer said this morn
ing that the case was such an unusual
one and had created such widespread in
terest that he felt justified in taking adj
vantage of every legal point IN his eli
ent's behalf. In other words the defend
ant practically intimated to the Court
that the Indictment should be abated be-
cause it was a forced one.
There is no doubt that Mr.. Speer in
tends to attack all matters pertaining to
the finding OF the Indictment. This may
be done before the higher court or GER
tiorari or before the trial Judge, as coun-
sci sees fit. If the defendant should be
arraigned to plead before a plea in abate-
ment was entered he would waive his
rights to such a plea. 1t was on this
point that Lawyer speer won the prelirni-
nary skirmish.
When Lawyer speer had addressed the
Court Judge Blair said
..Tshis is a matter Of considerable Inn
portanee,' said Judge Blair, "and thu
court does not want to put the defendant
to any disadvantage. The matter may Be
continued until next Monday morning.
Slow about the question Of oail7'' ask
ed Prosecutor Erwin.
..Th edefendant is row under ball. said
Lawyer Speer. s-He would have been here
had no bond benn ever entered into To
change the bail now might traverse the
indictments, and I desire above all things
to preserve all the defendants rights
"The bail already given" said Judge
Blair may be continued
This ended the preliminary skirmish in
The famous case and Sullivan left the
court room with his bondsman.