Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-29
|NSTRUCTS Jury
ON NUGENT CASE
Judge Martin Calls Attention
to Alleged Fraoas on
Primary Night.

Stating that the first September
grand jury, discharged by Chief Jus.
tice William S. Gummere on Satur'
day, had either failed in the earnest
and courageous understanding of Its
duty or had been misguided, Judge
william p. Martin, sitting in Com
mon Pleas Court today, told the mem
bers of the second September jury
that it was their duty to investigate
fully the actions of James r. Nugent
and Alexander Archibald on primary
night, September "a, when they are
alleged to have taken two prisoners
away from County Prosecutors De-
tectives Alfred j. Hargen and Louis
Slutzky.
The former grand jury had failed
to indict the men and for more than
thirty minutes today Judge Martin
went over the evidence as submitted
by Detectives Hargen and Slutzky in
afidavits and impressed the jury that
it was the duty OF each and every
member to investigate the case fully
The afidavits had to do with the
alleged rescue from arrest of Police
men Thomas Fahey and Richard
Dolan in front of a polling place at
1877 Commerce street, after they had
been placed under arrest on war
rants sworn out before Common
Pleas Judge Harry V. Osborne. A
week ago Judge Osborne called the
grand jury before him and gave them
the evidence in the case. In their
-~..1xk-aaat YanIn IN Chinf Justice
Gummere on Saturday they said they
had been unable to find any evidence
that would warrant an Indictment.
Warrants Investigation.
Judge Martin today was emphatic
in telling the jury that the matter
warranted the fullest investigation
and that the jurors must act on the
evidence that would be submitted to
them.
THAT evidence will be given to you
bv the prosecutors Office tomorrow.
| have issued instructions to that ef-
feet" said Judge Martin.
Referring to Mr.. Nugent by name
Judge Martin said: "Why should he
have any different treatment from
any other citizen? On the evidence
and affidavits of Hargen n SlutZky,
c~orroborated by several other per-
sons, it would seem a prima faeie
case had been made out. In that
case, gentlemen of the jury, your
duty seems plain. You ought not to
hesitate to indict."
Commends Prosecutors Men.
Af.-Asx ,niI Ptrt-fhn- fhat tho
county prosecutors men were to be
commended rather than censured for
having allowed the two prisoners to
be taken away from them. He point
ed out that a general shooting affray
might have followed had weapons
been pulled by the two officers.
Judge Martin also called attention
to rumors that nave been in circula-
ton that the corrupt practise act was
being violated by ofice-holders such
as policemen and f1remen who are
being sought for by politicians and
are contributing to election funds.
This Is distinctly a violation oil
the law" said the judge, "and can
result In the indictment of both the
party who contributes and the one
who receives the contribution"
Another matter called to the atten-
ton of the jury was that of Frank
M. Lange running as an Independent
Progressive for a place on the Board
of Works. Judge Martin said that
Mr.. Lange had been quoted in the
public prints as saying that he could
have a good position If he would
withdraw from the race. Judge Mar
tin said that this also constituted
a violation of the corrupt practise
act and II true was a matter fol-
grand jury investigation.
He also called attention to the case
of James p. McGuinness, removed by
him Aast week as an election officer
in the twelfth district of the Sec
ond ward. He said that IL it were
true that McGuinness had helped
voters without instruction from the
full board of officers in the polling
place that he had committed a crime
| against the election laws and thai
the jury should investigate.