The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-21
Order Granted Allowing
Supreme Court Review
for City Officials.
NO STRUCK JURY TRIALS
Charge Rejecting Upon Sys-
TEN of Drawing Juries and
Declaration OF Political
Spite Made During Ger
tiOrari Proceedings.
Especial to the Evening star.l

JERSEY CITY, Oct. 21.-Under an
order granted by Supreme Court Justice
Mahlon Pitney this morning the indict-
ments found a week 6 by the Sep
TENDER Grand Jury against certain Jer-
sey City police and other officials, in
stead of being tried by struck juries,
have been referred to the Supreme
Court, on certiorari, which provides for
the Lexowing of Hudson County grand
juries called under the jurisdiction of
Sheriff John c. Kaiser, and an inquiry
into the character of and methods by
which this and prior grand juries were
drawn.
Merritt Lane, counsel for the indicted
men, upon whose application the order
was made, will Immediately begin the
taking of testimony of witnesses in his
Jersey City office, to be submitted to
the court when it again in
Trenton November 6, the day following
the fall election.
Mr.. Lane states that by this testi-
mony he will prove his contention made
before the court this morning that there
was a conspiracy dating from the day
Of the jury's~ selection by Sheriff Kaiser,
and that The outcome of this conspiracy
was the indictment of the Jersey City
men.
The September Grand Jury which
found the indictments is made up of
the following: DR.. Ulamor Allen, of
Jersey City, foreman; James f. Con-
molly, Benjamin Murphy. Fred L. VOL
bert. Minard C. Dohrman, John Flem-
ing, Frank V. Adamthwaite, Joseph c.
Montgomery, Louis N. Stevens, Theo-
dore Mendles, Andrew c. Moller,
Joseph H. Hertel, George Gonzales,
John A. Brennan, William Schoenbaum,
Joseph Klein, Postmaster James Free
man of Kearny; Edward Rutland. New
Durham; John Burkart, Edward w.
Krone, Henry Duhrkoop, Postmaster
Otto C. w. Lang, of Bayonne, and
Jeremiah Lisk.
The indictments were. found against
the men after a session of the jury
beginning early in the afternoon and
lasting until nearly midnight, and after
a great number of witnesses had been
called. They named Chief of Police
Frank Monahan, Inspector of Police
Philip Leonard, Police Commissioners
Theodore L. Bierck, Captain of Police
Charles MeDevitt, Sergeant George
Heck, former City Marshal John Ora
ham. Police Judge James w. Mccarthy,
Acting Police Judge Robert Miller. AS
sistant Corporation Attorney August
Zeigner and minor members of the
Jersey City police force. and they
ranged from conspiring to obstruct cleo
ton officers in the performance of their
duties on last primary day to the
actual ~obstructing of the officers. There
are five indictments against Chief
Monahan, and in nearly every case
there are more than one against the
men.
Today had been set by Justice Pitney
to hear a motion to quash the indict-
ments to be made by counsel or Mr..
Lane, and there was a big crowd on
hand in the Supreme Court to listen
to the proceedings. Among these were
Tax Collector of Jersey City Edward
Fry, Abram and John Graham. who
have taken up the banner of Mayor
Pagan on the stump this fall; Street
and Water Commissioner Andrew
Knox, Acting Judge Miller and Judge
Mccarthy.
IT appear before you today said Mr..
Lane, with a motion to quash the fifteen
or more indictments found against Jersey
City officials and others by the present
Grand Jury. and at the same time /
charge that this jury was maliciously EN-
panelled by the Sheriff of Hudson County.
With this motion to quash. I. at the same
time desire to make a motion for a GER
tiorari Of the Grand jury
You do NOT make a plea, then, that
the indictments are irregular or faulty?'
asked Justice Pitney.
-"Oh. no. said Mr.. Lane. "The indict-
nents on their face are regular. and II
they are proven then the men are doubt
less guilty"
Then" said Justice Pitney. II will an
terrain an application for a certiorari as
court
Prosecutor Speer had previously been
I'm consultation with Mr.. Lane, and 1t was
apparent that there would be no strife
over the motion for a certiorari. IT will
make this motion for a certiorari IN one
indictment alone said Mr.. Lane. "'and
If the court is willing the decision in that
cas- will stand to rule the others"
1T is clearly a question Of facts" said
Mr.. Speer, "apd I would rather hear the
matter right here and at once and have
this case and this point settled before
election"
81 think. said Justice Pitney. that it
is a matter that should be raised by a
motion to quash, and / should prefer to
sit with Judge Blair to hear 1t; but I have
so much work in the Supreme Court and
Court of Errors and Appeals that 1t would
he a physical impossibility for me to sit
here. so | think it would be advisable to
take It up when indictments are taken
into the Supreme Court; they may be tried
there. hut this is rarely done. They are
usually sent back to the lower court
Il understand. them said Mr.. Lane,
that there will be no attempt TO push
the other cases in the Hudson courts I'M
III after this one taken to the Supreme
Court has been settled"
Certainly not said Prosecutor Speer;
I'VE will wait until we learn what is
done"
Mr.. Speer then went on to say that in
handing the indictments into court the
Grand Jury had sent a communication to
him requesting that the accused men be
tried as early as possible in order that
the election law, showing the power Of
deputy sheriffs, election officers and police
officials, might be clearly explained and
Il ade public before election day. When
the court had definitely decided to grant
the application of Mr.. Lane, counsel
handed up a number Of affidavits SUP
porting his contention concerning the al
legged conspiracy In the Grand Jury, and
other copies will be filed with the Supreme
Court clerk in Trenton tomorrow.