The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-07-23
NJ 'DOWELL
SAYS STOLEHLbACH:
HERE'S PROOF
Minister Gives Statistics to
Back Indictment Ref
erenCe.
SERMON NOT Personal,
BUT AIMED AT SYSTEM"
Pigeon-Holing Indictments Not
Tolerated in His Jurisdic.
tiOn, Lehlbach's Answer.

The Rev. John Mcdowell. pastor o
the Park Presbyterian Church, got bacl
at Second Assistant Prosecutor Lehl
bach today in communication II
which he offers proof by official stats
tics that certain indictments have beel
pigeon holed. In it he says:
I'm response to Assistant Prosecutor
request that l should stat
the untried indictments to which l re
ferred in my sermon last Sun ay night
submit the following:
Untried indictments handed up
by the September Grand Jury of
1906: Frederick Castle. Frederick
w. kroeger, Henry X. Gardner,
Thomas Adubato, Peter j. Fallon.
James J. Dowd, Charles H. Lible,
John Queenan, all police cases;
William Tyler, disorderly house
case; Horatio N. Frazer, false pre-
tense; Arthur Hansahan, assault
and battery; Myre Cohen, assault
and battery.
OF untried indictments handed up
by other grand juries there is the
Rosencranz malpractice case, in
volving doctor, q woman and a
postmaster, the indictment having
been handed up by the April grand
jury, 1907. This is a notorious case,
and I have had letters from Blairs-
town, where the victim lived, ask
ing why 1t has not been tried, and
Newark Is suffering in its reputa-
tion by virtue of the dalay. / am
informed that the doctor involved
in the case was indicted on a SINH
lar charge-manslaug kill
ing a Vailsburg girl. The indict-
ment was returned during former
Sheriff Nicoll's term and still
stands.
There is also the case of George
H. Plume. in which an indictment
for manslaughter was returned by
the April grand jury, 1907, the de-
fendant's automobile having run
down and killed a child.
I'm reference to what Mr. Lehlbacf
has to say about my Withholding criti
ism until after Prosecutor Mott ha.
eft town." says Mr.. Mcdowell IT de
sire to state that I did not know Mr.
Mott was~eway, but this fact woulC
1ot have made any difference as far al
he sermon goes. Furthermore, stant
,y my congratulations to Mr.. Mott OF
his work SO far.
Lehlbach's Reply.
81 was not attacking him, but tn
system which permits delay of action
n such important matters. My pur
oose in preaching the sermon was t,
lwaken Newark to the fact that if thi
lelay in trying indictments goes on /
will make the work of the grand jur.
| farce, and justice will be defeated
The clergyman gave a copy of thes'
acts and figures to the second assistan
who took them withou
Assistant Prosecutor F. r. Lehlbact
made the following answer to the pas.
or's statement:
"Mr Mcdowell called this morning
Ind stated that he meant no reflection
IN this office In his statement that GER
ain indictments never saw daylight
md further said that by that express
zion he merely meant that certain in.
lictments had not yet been tried.
THE practise of pigeon-holing indict-
nents, that is, suppressing them and
lever bringing in the accused for a
,lea, may exist in other jurisdictions
,ut is not tolerated here under any cir
If Mr.. Mcdowell didn't
mean to charge this he shouldn't have
aid what in effect does mean this.
"He submitted a list of ten indict-
nents still remaining undisposed OF
rom list of hundred to a hundred
nd fifty so-called "sheriff's cases. -
'hese cases. have been under the con-
rol of the sheriff from beginning to
nd, this office acting entirely on his
in the premises. If Mr.
dcDowell will inquire of Mr. Sommer
e will undoubtedly learn whether the
rankest kind of anarchy is bred by
he course he agrees to.
"He further submitted the cases of
Ioratius M Frazer, fugitive from JUS
Ice and, according to our information,
cad; Arthur Hanrahan, retracted plea
( not guilty and sentenced; Meyer
'ohen, also sentenced; Max Hecht,
ollie pressed for lack of evidence;
ieorge A. Oohl. .jr., same course.
''It seems that the court overlooked
otifying Mr.. Mcdowell of the dispo-
ition of these cases.
There were just two untried indict-
lents, excepting the sheriff's cases, on
1r. McDowell's list. One has been set
or trial several times and adjourned
through inability of the State to pro-
ure the attendance of a material wit
ess. and the other has not yet been
moved. for reasons, in the interest of
ustice, which neither Mr.. Mcdowell,
he defendants themselves, mort the
ublic generally are entitled at' this
Ime TO know