The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-09-23
MAYORS MISTAKE.
Laverty Says He Had Lank
ering's Consent to Act
as Recorder in
Hoboken.
NO HABEAs CORPUS FOR c0YNE
First Mate Corneilson Freed
Yesterday Will Be Re-
arrested Today for the
Grand Jury.
NO HABEAs CORPUS FOR CoYNE

The release of Carl CornellSon, CHER
officer of the steamer Urd. who was
charged with the theft of $500 pounds
of sugar, on writ of habeas corpus, has
created a stir in police circles, especially
if the contentious of Lawyer Fallon
were true, every prisoner committed by
Acting Recorder Laverty, of Hoboken,
during the absence of Recorder Stanton
in Europe, was committed illegally.
Mr.. Fallon contended that Mr.. Laverty
was not legally Acting Recorder, because
Mayor Lankering had not given his con-
sent, as required by the act creating the
position of Recorder. Mayor Lankering
so testified at the hearing on the writ.
but it now appears that he had recog-
nized Mr.. Laverty as Recorder, and had
consented in Recorder Stanton's selec-
ton
Corneilson was released under the
writ, but the Grand Jury has since in
dicted him and he will probably be ap-
pretended as soon as possible.
PROSECUTOR TO THE RESCUE.
In the case of John Coyne, charged
with breaking, entering and larceny, a
writ of habeas corpus was applied for.
The case was to have come up this morn
ing and before it was called Prosecutor
Erwin was informed that Recorder Stan
ton had spoken to Mayor Lankering
about his selection of Mr. Layerty to fill
his place during his absence in Europe.
He therefore resisted the effort of Coun-
seller Failon to secure ia release of Coyne
unless Mayor Lankering was called to
testify and explain his previous testi-
meny in the Corneilson case.
Mr.. FalIon, upon learning that Recor
der Stanton and Acting Recorder Laver
ty Were in court to testify to the fact,
withdrew his application.
The whole facts IN the incident were
set forth in the following communication
received by Prosecutor Erwin today
MR.. LAVERTY'S SIDE OF IT.
From the public press, learn that
two writs of habeas corpus have been
granted and two prisoners released who
had been sent to Jail on commitments
signed by me as Justice of the Peace
Acting Recorder. Had Recorder Stanton
or myself known that the applications
were pending before Judge Blair we
would have been pleased to have appear
ed before His Honor and presented evil
dence that would clearly establish the
faca that the law had been strictly COM
piled with and that l was legally quail
fed to sit as Acting Recorder in the
Recorders Court during the month of
August.
.The evidence which would have been
submitted cannot be successfully assail-
ed and Mayor Lankering will not contend
against it. On the contrary, Mayor
Lankering, think, will appear before
Judge Blair and correct testimony, previ-
ously given, which was misconstrued by
reason of the fact that Mayor Lanker-
ing labored under misapprehension and
was confused as to certain circumstances
which have since been brought to his
attention.
THE MAYORS MISUNDERSTAND-
ING.
s'The misunderstanding could not have
occurred if time had permitted Mayor
Lankering to consult those whom the
mistake injures-Recorder Stanton and
myself.
The Mayor was hastily summoned to
questions which conveyed to the Mayor
false impressions.
at is not alleged that the counsel was
in any way responsible for the Mayors
misunderstanding of the purport of the
question.
Counselor Fallon's conduct of the
case for his clients was in every respect
professional, and with due regard for his
clients interests, which he well sub
served. 1t was simply case of an hon
est mistake by Mayor Laundering ana
partly the wrong deductions placed on his
answers, which were in a degree cor
rect. The same error made by the
Mayor obtained with the newspaper men
who reported the proceedings, namely
that the question at issue was, Did
James p. Laverty apply to the Mayor
for permission to act as recorder?
whereas the correct question is, Did Re-
corder Stanton apply to Mayor Lanker-
ing for consent to the appointment Of
James P. Laverty . acting recorder!
"Eyer careful Of III proper administra-
tion Of his office and Of performing his
whole duty, Recorder Stanton did make
application to Mayor Lankering and did
obtain Mayoh Lankering's consent to
James P. Laverty acting as recorder.
Mayor Lankering and Recorder Stanton
are now agreed on that point.
RECORDERS POWERS.
THE recorder may appoint a justice
of the peace to act as recorder in his
An Ola and well Tried Remedy.