The sun., 1908-04-05
SHERIFF SONTER ARRESTED
PROSECUTOR ANDJURY FOREMAN
AISO HELD FOR CONSPIRACY.
6srges Made by CITY Counsel NuGent Of
Newark AFTER His Indictment for Pro
curinE Persons tO vote Hlegally--Nu'
gent says Immunity Was Promised.

kfilN FhNH NNNNAAAANN "AN HANHNfANNtH
.btrH Frank n. sommer and acting
Prosecutor Wilbur A. Mott Of Essex county,
Nc, Jersey. and Benjamin Aths, foreman
n he Grand Jury which reported TO Chief
r.uce Gummere In Newark yesterday,
r.-e arragned before Judge Howell In that
,.,y last night and held In 5000 bail each
r. examination on Monday on charges Of
oeasplracy. The complainant was james
R Nugent, City Counsel Of Newark, against
whom The Grand Jury yesterday returned
falr indictments charging him with Joining
and con-piring with Philip Loeser and others
~ procure persons 70 vote at the election
sst year knowing they we're not entitled 10
vote The Sheriff, the acting Prosecutor
and the foreman Of the Grand Jury, 80
NrgAnt charges, conspired 10 and effected
~ Indictment by fraudulent means,
Foreman Atha and Mr. Mott we're arrested
At night at their homes in Newark. Sheriff
Srr1mer was attending theatre in Man
haitian with Assemblyman Martin when
h. was informed that warrant for him
nod been issued and he hurried back 20
newark and surrendered himself Mr.,
Martin went with him.
Nugent. who is the recognized Demo-
cratic aader Of EsseI county, an influential
state leader and member Of the State com
r,.rtee knew Tint he had been indicted
and vas In court when the jurors re-
rorre1 Foreman Benjamin Atha handed
no the indictments and the City Counsel
s4jressed the Court. saying he under
snod there was an indictment against
t.n and asked permission 10 examine II.
Justice Gummere replied that he could
nat hear the application then. but would
attend TO the matter later and after recelv-
irs from the jury presentment which he
directed 10 be filed without a reading he
d..oharged the Jurors
Declaring that be was ready TO plead
sod give bail Nugent renewed his applica-
ton tor permission to examine the indict-
rsnts The Justice replied that he could
IT,. axe the pleading 'He said the matter
you'd have TO take the usual course and he
c,ud not do any more than grant the re-
olast 10 examine the indictment.
Tlen Mr.. Nugent declared that he had
tean the object OF conspiracy and that
immunity had been offered him, and added
that he would 20 before the First Criminal
court and prefer charges OF conspiracy
against Sheriff Sommer, acting Prosecutor
Nott and the foreman of the Grand Jury.
The indictments are lengthy, one OF
them covering eighty.seven pages. Nugent
is charged in the body Of the true bills with
'da~sing- with Joseph Kenny, Philip
Lesser. Abraham Schwartz, John shannon,
John Rogers, Robert 4. Mcclure, Frank
Corbtt and Otto Fillger to procure the
PERSONS designated to vote illegally. The
places where the alleged illegal voting
took place, most NJ which are in the Fourth
vari. are named Ia the indictment
II ia said the indictments were drawn
bv acting Prosecutor Mott assisted by
eV- assistant Prosecutor Louis Hood, who
has been engaged as special counsel, In all
eighty indictments were returned for
alleged election frauds OF the indictments
Mr. Nugent said:
was counsel for the people indicted
BY the Grand Jury and, with Samuel
Kahsch made motion 20 have the in-
dictments quashed, as they were deiec-
tively drawn. Al Prosecutor Motifs re-
quest the application went over. Shortly
afterward or about two weeks ago, ] got
a telephone message from Mott asking
me 10 20 20 the court house and meet him
on important business ] replied that |
was very busy and asked whttherit would
do 10 come later in the day. He said No.
Its important 10 you personally
I went TO the court house and to the
prosecutors room and found Sheriff SOM
mer and Mott waiting. Mott closed the
door and began the conversation by saying
that they knew the indictments drawn IN
fhe election cases we're no good and knew
that they could not hold the people in
dicted, but that since this had been ascer-
tanned they had got information strong
enough 10 implicate me IN election frauds.
vas astonishsd and said What do you
mean?
They said the Republican county COM
mlttee had a certain man call and see me
sbolt the time Of the primaries at Demo
cratic headquarters who was paid 70 set
a trap for Inc. They said that had handed
him some money After some discussion
they said | did not give him the money
directly. but through a third party. in
dignantly denied this. They persisted,
however, and said | controlled the men
indicted, Mott saying that il was my strong
arm that kept them from pleading, aud
said that unless compelled them 10 plead
non vult or guilty he and the Sheriff in
tended 10 20 before the Grand Jury and
have me indicted
NV first impulse, which carried out,
was 10 tell them to 20 ahead and indict
but being alone and wishing to get oonob-
orative proof Of this da5tardiy proposition
7 said | would subsequently consult MI
Kalisch. counsel for the men, and they
agreed 10 give me until the next day
Il asked what would be done with the
uen Mott said that a small fine would
he imposed and that that would be the end
OF it They assured me that they could
carry out this bargain | waited until the
neTt day, and according 70 the agreement
called up Mr.. Mott and told him that the
indicted men would not enter into any
agreement.
Mott said over the telephone that he
was sorry for me, but would have TO 60
aheld. Subsequently, on Aarch 2S, ] was
teluested by an attorney to meet Mott in
q lawyers office on BToad street 20 see
about the ARRANGEMENTS in the election
cases being carried out. as II was put TO
me In the meantime the indictment
agains, me had | cen ordered, MIR. Mott
siid ttnt the arrang eTent suggested would
bold vet, and that $3.50 fine would be ac-
cerlei in each leading case and small hne
IN the others. ! was 70 answer the follow
ing dav, March o.. J wai;a1 G2'i March
a. when | went TO the court house with
Simon Hahn 80 | could rot corrohoratye
proof Of Motifs statement.t We met Mott
In 'he prosecutors Office and J said we
we're ready 70 60 ahead with the matter
Mot. s1ii ell right. he said he had had
talk with the Sheriff and said that the
Sheriff insisted on $500 fines In the casos OF
Alderman Day, Loeser and Kenny and
500 FOR the others This would be $500
IN al
ARRANGEMENTS were made to have the
foreman Of the Grand Jury meet Mott 80
tha, he would be told that the election cases
he'd heen dropped. Atha was called TO the
prosecutors Cffice that afternoon, and
jus. about that time telephoned Mott 10
tan Mr.. Atha to 70 ahead and indict me.