The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-09-20
SHERlFF'S JURY DISMISSED
NEW PANEL WAY TAKE UP
KELLl'S RECENT ACTIONS.
For First Time In Hudson County a Grand
Jury Is sent Away without Even Be-
Ing sworn Who VIII he Allowed TO
Draw the New One = Maybe Coroner.

Ing sworn Who WIN he Allowed to
Draw the New One Maybe Coroner.
Supreme Court Justice Francis j..
Swayze. presiding yesterday at the open
| ing Of the September term Of court in
| the Hudson county circuit Jersey City.
took cognizance of Sheriff James J. Kelly p
early Sunday morning Jail delivery by
| 1uashing the Shcriff's appointive Grand
Jury panel instead Of swearing 1t into
office. A new vcnre will bc drawn.
which may inquire into charges made by
Prosecutor Of the Pleas Pierre p. Garven
| in connection with the Sheriff's action
in discharging from the county Jail four
prisoners arrested on bench warrants
issued by County Judge Robert Carey.
No formal commitment papers were
produced. Inquiry may also be made
into the arrest of Christian Nienstedt,
a Jersey City saloon keeper for violat-
ing the Sunday excise laws aud his dis
charge without the formalty of arraign-
ment before a Magistrate.
The function of drawing the new Grand
Jury. it ia understood. will be placed
in the hands Of two elisors TO be appointed
by the court. and for the balance Of his
term Sheriff Kelly's chief duties will
consist In conducting SheriF's sales and
seeing to it that his constables properly
serve papers. Justice Swayze will have
a conference with County Judges John
A. Blair and Robert Carey as to the course
which the court will pursue. and it is
expected that the elisors will be named
in the near future
The sequel to the Sherihs Sunday
mornings work caused sensation
throughout Hudson county. Numerous
Grand Juries have been bounced out OF
court in years gone by for refusing TO
find indictments when the evidence,
according~to the Judges. warranted the
return of true bills. but never before
inquest been dismissed before the oath
was administered and he presiding
Justice had charged the panel.
Sheriff Kelly csc orted his new panel
into well filed court room yesterday
morning and announced: The Grand
Jury is here" The County Judges we're
seated on the bench with Justice Swayze
and there was something is going to
drop feeling in the air.
As the clerk was making preparations
for the swearing in of the jurors Prosecu-
tor Garven arose and said:
May il please the court. desire to
challenge this array. will state my
grounds. Two or three days ago a COM
plant was delivered to Judge Carey
charging certain persons with the COM
mission Of a crime. Judge Carey issued
a warrant. The warrants were placed
in the hands OF the Prosecutors detec-
tives and served. The prisoners we're
taken to the county Jail on Saturday
night about II O'Clock, possibly little
to the warden who was in charge; the
prisoners were booked, as they call IT,.
and the Sheriff then came in and asked
for commitments and stated to the officers
| who were then present that unless he had
commitments he would discharge the
prisoners.
There were no commitments filed at
the time. One Of the warrants had been
handed TO the Sheriff personally. The
warden had received the other two war
rants and the prisoners at the time had
heen booked The Sheriff, not receiving
the commitments. opened the Jail door
and released the prisoners. That con-
slider a violation Of the law: first, that il
violates the law on the part OF the Sheriff
in not receiving the prisoners who had
been arrested by officers who were author
lied to do SO by the law; and secondly.
and there we consider also he violated
tine law So that al this time it seems to
me that it is the duty of the State. the
Prosecutor. toapply to this court to quash
this panel am prepared TO prove these
statements.
VERY we'll" said Justice SwayZe
gravely, proceed with your proof"
| Garven offered in evidence the two
bench warrants which the Sheriff said
didn' act as commitments and called to
the stand Detective Frank Bennett. who
swore that he delivered two prisoners
at the Jail and handed his warrant for the
prisoners to the warden. Detective Will
lam Charlock next testified that he later
turned over two more prisoners to the
warden and the warden booked them. and
then Detective Charles Hosford told how
the Sheriff insisted upon having commit
mcnts in addition To the bench warrants
or he wouldn't lock up the prisoners
Hosford said that after he left the Jail he
went Ia the "Five Corners" with Justice
Of the Peace Edward A. Ransom. Jr.. and
Joseph Puglia. the court interpreter, and
five minutes later he saw the four pris-
oners al large on the street,
| Asked by Justice SwayZe IL he desired
to say anything Sheriff Kelly replied
Il asked MIR. Ransom in the jail if he
wouldnt I make out commitment to pro-
wait until he could 90 To Judge Carey
end keep the men until he came back
] was Informed would hold myself liable
without a commitment l said. ! will
keep them here as long as you want TO.
IL Ransom don't do it go to Judge Carey
or some other justice of the peace and
will hold them here until you got COM
mtment.'"
The Sheriff denied that he had a war
rant in his hand at any time. He also
said that the warden OF the Jail did not
book the prisoners but he believed the
| hnl .pnalc