Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-25
HARRINGTON MAY
APPEAL HIS CASE


and this was further developed when
Foreman Miller asked Judge Osborne
or further instructions on the pas
.'ive responsibility" and "active re-
sponsibility" of Harrington and fol-
owed this with the question us an
gent as responsible as a principal?"
In reply to the request of the jury
Judge Osborne reread that part of his
charge bearing on the subject, it be-
ing as follows:
1.-THE offense of keeping a disorderly
house does not necessarily consist in
the fact that the keeper himself COM
mits any of these crimes, but that
he permits his house to be made a
nuisance by habitually permitting
hese offenses there whether by him
self or others, and it is a question
of fact for the jury to determine
whether satisfactory evidence has
been produced to show that the de-
PENDANT kept, maintained or con-
trolled or, as our Supreme Court has
held, had the power to control the
place or permitted or suffered it to
be so kept and maintained, having the
power to prevent it."
Mr.. Lehlbach, for Harrington, OBJ
jected to any part of Freund's testi-
mony being read to the jury unless
dii VI II DSdTlns OH the oIueIS VI
Nemrow in relation to operating the
hotel were given. Judge Osborne
finally consented to have 1t all read
to the jury, and after that had been
done they returned for further de-
liberation a few minutes after
O'Clock, returning with the verdict of
guilty at 8 o'clock.
May Be Sentenced November 3.
Just what effect the recommendation
of mercy will have when it comes time
for Judge Osborne to pronounce SEN
tence, which will probably be on Mon
day, November 8. is something that
has Court House officials guessing.
Harrington was tried and found
guilty on practically the same kind
of evidence that resulted in the con-
viction and subsequent sentence of
George e. Mausert, of the Hotel
Broad, to a term of not less than one
or more than three years in States
prison and fine of $1,000.
1t is pointed out that one year in
States prison is the minimum term
that can be imposed for maintaining
a disorderly house If Harrington
should be given a lesser term of i'm
prisonment than that he would have
to be confined in the Essex county
penitentiary at Caldwell. 1t is also
pointed out that recommendations OF
mercy made by juries are sometimes
disregarded entirely by the county
judges in imposing sentence.
Prosecutor Louis Hood said today
that he did not really realize how
strong a case he had against Har-
rington until he began his summing
up yesterday and that at no time
did he have any doubt that con-
viction would result
How about Nemrow and F'reund?'
he was asked; will they be tried on
indictments for maintaining a dis
orderly house
Would Try Nemrow.
'You find Nemrow for me and |
can promise you he will be speedily
tried" was the quick response of
the prosecutor. Nemrow was not in
Newark at the time the raid was
made on April 20 last, nor at the
time the indictments were found
couple of days later. He severed his
with the hotel, selling out
his interest to Harrington en- March
Il last and moved to Brooklyn.
He had left Brooklyn to take up
his residence some place in the West
before he was indicted and the prose-
cutor's office has been unable to get
any trace of him. In regard to
Freund, Prosecutor Hood was not SO
stating that he pre-
ferred not to discuss the subject at
this time. He minated, however.
that Freund would be brought to trial
at a later date on the same indict-
ment on which Harrington was con-
victed, Freund, Nemrow, George j.
Biddle, head waiter, and Jack Beebe
and william Sullivan, bellboys at the