Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-02-04
HOOD RE|TERATES
LAX|TY CHARGE
Says Moore Is Free from Muir
der Charge in Death of
Tompkins.

Prosecutor Louis Hood today re-
iterated his statement of yesterday
that the police department and Of
ficers of the First Criminal Court
were alone to blame for the fact that
John Moore, So Liberty street, was
allowed to plead non vult to assault
and battery on Walter Tompkins
seventy-ilve years of age. Tompkini
| died on Monday as a result, so Coun-
ty Physician William H. Mckenzie
claims, of blow on the head, in
| flicted by Ratchet in the hands oil
Moore.
The assault took place on January
| 10. at IS Liberty street. where both
Tompkins and Moore lived and
arose over alleged attentions paid by
| Moore to the married daughter OF
Tompkins In the fracas Tompkins
was hit once over the head with a
Ratchet.
He was removed to the City Hos
pital, where his condition was not
considered serious until last Satur-
day and on Monday he died. County
Physician Mckenzie performed an
autopsy and gave oedema of the
brain as the cause of death AID
added that the oedema was caused
by the blow given by Moore.
The complaint in the First Grim
inal Court was sworn out by Ser
geant Charles O'Gara and charged
Moore with striking Tompkins on the
head with a Ratchet. The complaint
said nothing about manning, wound
ing or cutting Tompkins Neither
was there anything on the complaint
to show that Tompldns was in the
City Hospital as result of the as
sault nor did the complaint show
that Moore was held without bail to
await the result of Tompkins's in
iuries. All this information is usual
~ given In cases as serious as that
of Moore's, but was entirely lacking
in this instance
It is pointed out by Prosecutor Hood
and Chief of County Detectives Fred
erick Weimer that there was nothing
to show the prosecutors office that
the case was anything more than one
of simple assault and battery, and
therefore Moore was allowed to plead
non vult to the charge in Special Ses-
sions Court last Thursday. 1t was
not until Saturday that the prosecu-
tors office learned that Tonpkins
was in the City Hospital and liable
to die.
1--WE cannot watch all the hospitals
for police cases." said Prosecutor
Hood today. THAT is the province
of the police department with its
500 men. 1t is up to that department
to apprise this office when persons are
in hospitals as result of assault
and battery. Otherwise the prosecu-
tors office has no means of knowing
anything about the case"
AS result of the careless and neg
ligent handling of the case by the po-
lice department and the First Grim
inal Court. Moore cannot now be
prosecuted for murder or manslaugh-
ter In connection with the death Of
Tompkins. He has already been al
lowed to plead non vult, practically
guilty to a charge of assault and bat
terry, and cannot now be charged with
murder, as the death of Tompkins
grew out of the same transaction to
which Moore has already pleaded
guilty to assault and battery.
The law on this phase of the matter
is well settled, as the State constitu-
ton provides that man cannot twice
be placed in jeopardy for the same
offense, while Supreme Court deci-
sion made in 1888 clearly defines that
a person who has been convicted of
one crime in connection with par
ticular transaction cannot again be
placed on trial for a higher degree of
crime growing out Of the same trans
action.
AS a result, instead OF having to
face a trial for murder or man
slaughter in connection with the death
of Tompkins, Moore gets out Of it with
an assault and battery charge against
him, the extreme penalty of which is
three years in States prison and a
fine of 81, 900, or both.
When persons are committed from
the different precincts without bail
to await the outcome of injuries in
f1icted by them on others, that fact
is stated in the complaint that is
sent to the prosecutors office. The
information that the injured party
is confined In hospital is also usu-
ally given. this giving the prosecutor
some information to work on, In the
complaint against Moore no informa-
ton of this sort whatever was given.