Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1905-08-18
RECORDER is
RIGHT, SAYS
PROSECUTOR.
New Brunswick Justices Have
no Business 'Buttin' In
in Local Affairs.
HAYTER SAYS MUCH.
Calls the Recorder And Chief
Of Police Here Lunkheads in
Published Communication.

Pu1llSneu communication.
The action of New Brunswick JUS
tees of the peace and constables who
dabble in cases in this city, Where
there has already been trial and
sentence by Recorder Pickersgill. do
not meet with the approval of Pros
ecutor Berdine.
He stated his ideas on this SUBJ
ject in an interview with City Mar
shall Peltier yesterday. He declared
that he entirely approved Recorder
Pickersgills policy and that he waB
pleased with the way things are be~
ing handled by the local authorities.
and that Recorder PiclSersgill could
release on their own recognizance
any prisoners arrested by New Bruna-
wick constables on warrants issued
by Justice of the Peace Haytcr or
any other New Brunswick Justice,
in cases which have previously been
disposed of by the authorities herel
The prosecutor said that he had
been in no way connected with the
recent acts of New Brunswick Of
ficials in the Dufala case, and that
he had not given his sanction to any
thing of the sort, nor would he do
so.
Justice Hayter's Letter.
Justice Hayter wrote a letter to the
New Brunswick papers yesterday in
which he defends his actions in the
Dufala-Rayda case.
The letter is lengthy one and
starts off as follows:
''I wish to call the attention Of
the public and especially the nros-
ecutor of this county, and those gem
tlemen who possess the KNOWLEDGE
of the law to that extent as % be
able to draw distinction as to legal
propositions and to the facts.
The letter then gives a history OF
the case. which was over a row in
the Woodbridge hall tenement on
State street, near William street.
Then the justice goes on to say:
'Where is the law under which
the recorder is authorized to convict
and punish persons for being dis
orderly in their own house, The
disorderly persons act only authoriA
es judicial officers to punish persons
for being disorderly in public places.
why were not complains taken
for assault and battery, as there
ought to have been taken, and the
papers sent to our prosecutor so that
he might present the case before our
grand jury, where such cases proper
ly belong?
"How can the recorder make d
case of disorderly conduct out of an
atrocious assault and battery COM
mitted in the house where the as
saulter and the assaulted lived. These
two men could recover the fine paid
by them if they should make APP
plication to proper tribuRaI Pc
cause the conviction was Illegal and
without the authority of the falW'
III have taken these complaints pc
cause under the law I was bound "
take them, being satisfied that am
assault and battery had been COM
mitted. Yet I am criticised In way
by the chief of police of Perth AM
: boy for so doing. I say that they had
no right to dispose of it in the way
they did, and if that is true the crit
icism is due at Perth Amboy. They
are in the habit of fining persons
for disorderly conduct down there
no matter what offenses persons may
be charged with. They say they don't
care to send cases before the grand
jury because very seldom indict-
ments are found. According to that
idea our criminal procedure act can
be set aside by the police department
of Perth Amboy at their will, no
matter of what crime persons are
! charged.
81 am always willing that the pros
ecutor's attention should be called
to my cases, if parties doing so would
only give him the true facts. He Is
lawyer and / would much prefer
i. to speak to him explaining cases.
than to talk to a lot of lunkheada
fdown there. protesting to know the
.law.
! Very truly yours,
JOSEPH HAYTER,
!. Justice of the Peace. =
.A