The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1902-01-24
WINTER TERM
OF COURT
Judge Garretson After Free
holders on Jail Question.

Intimates that appropriations by
Board Were Not Necessary and
May Have Been Scheme to Dodge
Jail TroubIe-Grand Jurors Ordered
toPead the Law and Investigate.
The January term of Court wit h
Judges Garretson and Vreeland pre-
siding, opened Tuesday morning.
The Grand Jury chosen for the term
was sworn in as follows: William l.
Powers, Boonton; Emil Hurting,
Morristown; Matthias 7. Welsh, Wash
ington; Robert B. McEwan, Hanover
George w McDevitt, Dover; Henry
Misel, Dover Daniel M. Merchant,
Hanover; William D. Jardine, Rox-
bury; Augustus S. Bryant, Roxbury /;
VIM. HI. Harrison, Madison; William
Mccormick, Chatham; Joseph F.
Tuttle. Rockaway; William T. Cogh-
Ian, Morristown; Clifford A. Fairchild,
Morristown; Henry Berry, Pequan-
moo; Albert w. vanSaun, Pequannoc; !;
Martin B. Carroll, Randolph; Edward
T. Wills, Mt. Olive; Jeremiah Hay
den, Passaic; Horace L. Cook, Jeffer-
SON; Walter A. Youngs, Montville; |;
Milton ]. Black, Rockaway; William
P. Garrabrant, Mendham.
Following the swearing in of the
jury, Judge Garretson charged them
saying in part that the term would be
light one and that but few cases
would come before them. He told
the jury that it had been brought to
the attention of the court that an
accident had occurred on the Della
ware, Lackawanna Railroad between
Madison and Chatham by which two
lives had been lost, and that circum-
stances of the case seemed to demand
investigation if it was found that
the accident occurred through the
gross negligence of the gateman in
charge of the crossing, he was guilty
of manslaughter and should be in
dicted. Continuing the Justice said
the last grand jury had been in
structed by the Court to Investigate
into the condition of the county jail
and that in pursuance had made q
report to the court of it's condition
and It was the duty Of this grand jury
to also Investigate the condition of
the jail and to ascertain whether the
report of the last grand jury had been
complied with He also charged the
jury as to- the cleanliness and sanitary
condition of the Jail and whether
the statute which is as follows was
enforced:
1.-THE Boards of Chosen Freeholders
of the several counties of this State
shall so arrange the jails, workhouses,
penitentiaries and places Of confine-
ment in their respective counties
that all persons under the age of eigh-
teen years, who shall be retained in
such jails, workhouses, penitentiaries
and places of confinement for any
purpose whatever, shall be kept sepa-
rate and apart from, and so no COM
munication take place between them
and other persons above such age con-
fined therein on a charge of convic-
tion of crime; and in case it is i'm
practicable to SO arrange the build
ings now used for such purposes, 1t
shall be the duty of such Boards of
Chosen Freeholders, and they are
hereby required to provide such places
as shall be necessary to accomplish
the purposes of this section.
The Judge further charged the jury
to inquire whether the Board of
Chosen Freeholders upon whom the
law places the burden of providing
suitable accommodation had remedied
the defects as shown in the report
of the last grand jury and that if they
found the Board had not, to ascertain
why they had not and in ascertaining,
why, if it should be alleged there was
not money enough to see whether the
board had made any false appropria-
tion or unnecessary ones thereby to
reach the limit allowed by law so as
to render an excuse that they had
not the money necessary for new
Jail.
The judge then charged the jury Ito
inquire into what the law was gov
erning the Board of Freehoiders in
this matter saying that if there were
no means allowed by the State law to
raise the necessary amount, that the
Board then could not be held in error.
Following the charge the jury se-
lected constables Cook and Hopper to
attend them and then retired with
Prosecutor Alfred Mills and Clerk N.
@. Toms.
The calendar follows:
SUPREME COURT.
1. John W. Dwyer, VS.. Alfred @.
Coursen: on contract; issue .ioined
October s, 1901; notice filed Decem-
Der IA, 1901; ready.
2. The Delaware, Lackawanna q
Western Railroad Co. VS.. North jersey
and Pocono Mountain Ice Company
on contract; notice filed November 80,
G..