The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-08
Findings by Hudson Sheriff's
Grand Jury Knocked Out
by Justice Swayze.
VICTORY FOR MONAHAN
AND j. w. MCCARTHY
Kaiser Drew Panel as Leader of
Political Faction Rather Than
Official, Opinion Says.
[speclal to the Evening STAR

TRENTON, June S.--An opinion was
filed today in the Supreme Court by
Justice Swayze, quashing indictments
found by an alleged packed Grand
Jury which was drawn by Sheriff John
c. Kaiser, Of Hudson County, and
which indicted Assistant Prosecutor
James w. Mccarthy Chief of Police
Frank Monahan, Assistant Corporation
Attorney August Zeigner, one justice
OF the peace, and ten members of the
police department of Jersey City, for
conspiracy to obstruct primary cleo
tion through the medium of unlawful
arrests of the election board
Justice Swayze says that when Sher-
iff Kaiser drew this jury he displayed
great animosity against the political
faction in Hudson led by Mark M.
Pagan, then mayor of Jersey City. The
opinion shows that the Grand Jury
was not one within the constitutional
provisions, and that under the consti-
tuition no person can be held for crimi-
nal offense unless upon the present
ment or Indictment Of a Grand Jury
Justice Swayze's opinion, In part, fol-
lows:
THE case shows that the Indictment
grew out of heated political conflict
between two factions of the Republi-
can party for the control of the pri-
mary election in September, 1907. The
sheriff was chairman of the Republi-
can county committee, and as such the
official head of the party. He was
thereby empowered by law to choose
the Republican members of each cleo
tion board, who alone were to conduct
| Y,riY,a 10
| testified to have been used by him.
and not denied. evinces great animos-
ity toward the leaders of the other
faction. One of these leaders was the
Mayor of Jersey City. The difficulty
out of which this indictment grew
arose out OF the rejection by the cleo
tion boards of voters who were after
wards. by advice of counsel, allowed to
vote
"Not One Juror on Other Side.
1.-THE grand jury was impanelled just
after the primary election. There
seems to have been upon 1t not one
man identified with the faction op-
posed to the sheriff. A large majority,
more than enough to find an indict-
ment, were identified with the sheriff s
faction. some of them actively. One
member was the former chief of po-
| lce against whom the present chief of
police had a few months before made
charges which had resulted in his re-
tirement from Office, and he was so in
sensible to the obligation to his oath
Of secrecy that he consulted more than
one outside counsel as to the very in
dictments now questioned 4
"Did Not Act ImpartialIy.v
"It is, moreover, shown that since the
present sheriff has been in office seven
indictments against prominent city Off
cials of Jersey City, connected with the
faction opposed to the sheriff, have been
found, but never tried, the State having
in each case entered a nolle prosequi.
These facts convince us that the sheriff
did not act with the impartiality de-
manded by law, but rather as the leader
of the political faction.
"The motion to quash is ordinarily
addressed to the discretion of the court,
and it Is upon this ground that the
court sustains that procedure, instead
of procedure by plea in abatement,
which is more favored in our jurisdic-
ton. There is still time for a properly
chosen grand jury to act hereafter, and
/ 1t is to the interest of public justice that
the matter should be considered at a
time when the passion of the moment
| shall have subsidized"
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