The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-11-09
NUGENT
CHARGES
QUASHED
Supreme Court Kills
Election Fraud
Indictments.
DOCUMENTS DEFECTIVE,
TRIBUNAL DECLARES
Primary Elections Have No
Standing Under Common Law,
Justice Rules.
POLITICAL CONSPIRACY
BASIS OF CHARGES"
Indictments Based on Alleged Ir-
regularifies in Primary Of
September, 1907.
POLITICAL CONSPIRACY
BASIS OF CHARGES"

Indictments charging City Counsel
James n. Nugent with election frauds
were quashed today in the Supreme
Court mt Trenton.
The indictments were found against
Mr. Nugent and others on April last.
Two were for procuring false registra-
tion and two for conspiracy. Different
parties were named as associates Of
Mr.. Nugent in the former cases.
One of the false registration indict-
ments was taken as a test case. The
ruling made by the court on this, APP
plies to the other, charging the same
offense.
The parties named in one of the in
dictments for false registration and
also In one of the conspiracy cases are
besides Mr.. Nugent, Philip Loeser.
.Freeholder Joseph ]. Kenny, of the
Fourth ward; John Shannon. John
Rogers, Robert E. Mcclure. Frank e.
Corbitt and Otto Filliger. The parties.
| besides Mr.. Nugent, named in the
other indictments for false registra-
tion and also for conspiracy, are Philip
| Loeser Alderman Joseph A. Wright, OF
the First ward. and John ]. Flynn.
Today's opinion refers only to the
/
gent and to others named. Opinions
are to follow in few days on the in
dictments against Nugent and Loeser
for false registration; also on the in
dictment against Nugent, Loeser, Flynn
and Wright, charging false registration.
Mr.. Nugent contended from the first
that his indictment was a part of a
political conspiracy and at the same
time they were turned into court he
announced that he would uncover the
whole plot.
Outside of Common Lnw.
The opinion was filed by Justice
Voorhees, in the Supreme Court at
Trenton today. The reason that the in
dictments do not define the Democratic
parry within the meaning of the law IS
one of the grounds upon which the in
| dictments were quashed. 1t is also
pointed out that the primary elections
have practically had no standing under
| the common law, and the authorities
are forced to depend upon what might
be contained in laws regulating cleo
tions.
| Justice voorhees, in his opinion sets
out that under section ia of the elec-
tion act, it is provided that no person
eral and local elections, shall vote at
any primary meeting. In the next sec
tion, he shows that it is misdemeanor
for any person not entitled to vote to
attempt to vote at any primary meet
ing or If any person shall counsel or
procure any one. knowing or having
reason to believe that such person Is
not entitled to vote. This law, he
shows, was amended in 1903 by ex-
tending 1t to direct primaries.
| Where Indictment Fails.
After reciting the indictments, Justice
| Voorhees, says:
"The primary law is concerned simply
with providing a method for the selec-
| tion of persons to be voted for at a
public election. This was unknown to
common law. and rests entirely upon
| the statute by which it was created
and defined.
| This indictment fails to state that
| there was held primary meeting by a
| party which had at an election for
members of the general assembly next
/ preceding the holding of the primary
polled for members of the general as
sembly at least per cent. of the whole
number of the votes cast in the district
l
were made.
'It does state that such primary elee-
tion was held by a certain political
party of this State to wit the Demo-
cratic party. This is uncertain and
equivocal 1t may mean political
party such as is popularity known as
the Democratic party. or it may mean
a definite political organization such
as the act concerning elections defines.
Document Was Not Specific.
This at once presents situation
where 1t is essential in an indictment
that the court and the defendant should
| be informed which meaning Is to be
attributed to the phrase or word used.
We think, therefore. that the indict-
ment is defective in failing to define the
political party in the language OF the
statute as one which had at an elec-
tion for members of the General AS
sembly next preceding the holding Of
the primary. polled for members to
the General Assembly at least per
cent of the whole number OF votes
cast in the district in which and for
which the nominations we're made.