The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-12-24
Claim TO Be Made That
Sheriff Is Prejudiced
Against Him.
CAUSE DELAY IN TRIAL
Affidavit to Be Offered That
Sheriff Said He Had mo Use
for CORDIALLY" :. Samuel
Kalisch Retained to Defend
Detectiye-Sergeant.

Application will be made this week.
1T is understood, for change of venue
in the case of Detective Sergeant
Thomas j. CORDIALLY, who was indicted
several times on evidence furnished
by the sheriff's office as a result of
Sheriff Sommers crusade against vice
In this city.
This action will probably tend toward
delaying the initial trial of tho sleuth,
which Is set down for January 6. When
it was postponed last Wednesday Judge
Ten Eyck announced that the trial
would have to proceed on the date set
without fail.
The application will be made on the
grounds that the sheriff is biased and
pre5udiced against CORDIALLY. and that
therefore the latter would be placed in
jeopardy If tried by a jury selected
by the sheriff, as all juries are. When
It is made, with affidiyats signed by
the officer viii be one from former
Constable George Il. Williamson.
1t is said that 1t will contain a state
ment that Williamson heard the sheriff
remark that he had no use for Cor
bally,' or words to that effect.
Frank M. McDermlt, counsel for Cor
bally. admitted today that such action
would be taken. but was unusually reti-
cent, and referred the EVENING
STAR reporter to Samuel Kalisch, who
has been engaged to represent CORDIALLY
Jointly with Mr. McDermit. 1t was
intimated about the central section of
the city today that Police Commissioner
Castle, who is also under indictment,
will be represented by Kalisch.
"I presume the afiidayits will tend 10
show that the sheriff is biased" said
Mr.. McDermit. zone may be from
Cordially. another from Williamson and
some from others who may be inter-
ested."
The counselor stated that he was not
positive whether the application would
be made Friday or Saturday, and he
was equally at a loss to state whether
II would be made before Chief Justice
Gummere or Judge Ten Eyck
When asked IL q request would be made
TO have the Indicted official stand trial In
any particular county other than Essex.
the lawyer intmated that it would all
depend on what action the court would
take.
Gan that is wanted is to have the trial
elsewhere in order that CORDIALLY may get
q square deal" said he, but not here m
Essex -
Action of this nature on the part OF
any defendant Is rare In the state and
unless strong evidence is adduced It is be-
lleved that the court will ignore the re-
quest.
Incidentally It became known today that
President l5aader, Of the Police Board,
had extended Corballys ten days leave
Of absence. which expired Sunday night,
until January G. II was said by Secretary
OF the Board Cox today that the Police
Board would confirm the action Of Presi-
dent Baader when II meets Thursday.
CORDIALLY and, Williamson went out 10
various resorts that we're under suspicion
by the Sherin's office and reported that
they were all right when further inves-
tigation showed the contrary On several
occasions the Sheriffs men made raids on
the places Investigated by CORDIALLY and
Williamson.
II Is understood that both the Sheriff and
Mr. Mason look on the move of CORDIALLY
and bis legal advisers as only move
for delay. II was said today that II Cor
bally succeeded In securing the change Of
venue, that Commissioner Castle would
also ask that his trial take place in au-
other county.