The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-06
Struck Jury Will Try In
dictments Against Accused
Detective Sergeant.
BAIL GIVEN ON NEW CHARGE
Taken for Alleged ATTEMPTED
SubOrnation of Periury"-Ar.
rested Last Night-Kept in
Jail All Night.-Efiort Fails
to Quash Indictments.

There was second complete surprise
for everybody in the Court of Quarter
Sessions before Judge Ten Eyck this
afternoon, when it was suddenly de-
cided to postpone the trial of Detective
Sergeant Thomas j. CORDIALLY until
January % next.
The witnesses, after the court had
denied a motion to quash the indict-
msnts against the defendant, had Lsen
told to return at o'clock this after-
noon, but Prosecutor Henry Young
sprang the surprise then by asking fer
a struck jury. To this the defense
made no objection. This was a result
of Corbally's arrest last night. when he
was arrested on a charge of attempted
subornation of perjury.
CORDIALLY was also arraigned before
Justice Max A. Mueller this Afternoon
on the new charge. Bail in the sum
of 81, 900 was given by Corbally's father
in-law, Patrick ]. Nash.
Some disquieting rumors," said Mr..
Young, have been brought to my at
tention today with respect to improper
influences in regard to the petit jury
that is now in court for the trial of
have affected one of the officers of the
sheriff's Office. as well as the repre-
sentative of the defendant.
Il need not say to the court that
so far as the sheriff and his officers are
concerned no improper influence has
been used, and believe that the mem
bers of the petit jury summoned are
all free from influence. But we all
feel, and the sheriff especially feels
that in view of these rumors, which at
some time must be brought to the at
tention of this court and the truth dis
closed, that it would be better that your
honor should select jury in order to
overcome any possibility of suggestion
of improper influence.
81 make the motion that your honor
strike jury in this case under the law.
Another reason why l deem it neces-
sary to have a jury of this kind is that
it would be necessary for the Sheriff to
consult with me at the trial and he
feels. very properly. that he should not
do so if he draws the jury"
Samuel Kalisch, one of Corballys
counsel, had no objections to the struck
jury and the order was made accord
ingly.
CORDIALLY was put under arrest last
night shortly before o'clock as he WAS
leaving the cafe conducted by Free
holder Charles J. Watson, of the Elev
enth Ward, at S55 Broad street. Cor
bally was arrested by Constables Cor
ham, Smith, Gilman, a private detective
and men from Cosgrove's agency.
While the sleuth had not been for
mally arraigned, Sheriff Sommer stated
today that the charge would be one of
attempted subornation OF perjury.
The arrest of CORDIALLY last night was
made in a spectacular way, and the
constables who took him put him to
the humiliation of being handcuffeds
although he was under bail to appear
for trial in court today, He was also
lodged in the county jail during the
night and was taken to the Court
House today in the prison van.
At his trial today his counsel ad-
vanced arguments to have the indict-
ments against him quashed, but the
Judge ruled against the defendant.
Former Alderman Frederick V.
Rutland, who is the proprietor of sa-
loon at so Howard street, and Herbert
j. Healy, of 4S Sterling street, were
also picked up as witnesses. Free
holder Watson went to the sheriff
office at the request of Under Sheriff
Mason to tell what he knew about the
conference in his saloon.
Rutland and Healy made statements
to the under sheriff. and were dis
charged with the request to be 10
court today.
1t is said that the conference was
brought about as a result of state
ments by Alexander Cashin, who Is
connected with the sheriff's office. lie
displayed list Of the jury empaneled
to try the CORDIALLY case today. and IS
alleged to have remarked that 1t was
an anti-Corbally jury, and that the
sleuth was as good as convicted, u
words to that effect.
The first move made in the trial of
CORDIALLY, scheduled in the Court oi
Sessions before Judge Ten
Syck today, was to quash the indict-
ment for nonfeasance in office. Samue'
Kalisch, who, together with Frank M
has been retained TO de-
fend the sIeuth, made the motlon
THE charges of nonfeasance," salc
the lawyer ARE based on TWO counts
One charges the defendant as mem
ber of the police force and detective
sergeant falling to discharge his duty
both as officer and sergeant under tht
law of the State. The two counts arr
founded on charge that the defend
ant as a police officer and detectiv'
sergeant, failed in his duties as such j
falling to report truly and faithfully
certain disorderly houses and gamblins
houses which existed in the city TO thu
Board Of Police Commissioners ans
,hief of police.
Il move to quash,' continued ttt
awyer. the first count on the grouns
hat it is defective and invalid, be
,ause It does not apprise the defendan
With the certainty Of the offense witt
which he Is charged; because he
harged with nonfeasance as polio