Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-02-03
POLICE ERROR MAY
SAVE MOORE FROM
MURDER CHARGE
Alleged Slayer of Walter Tompe
lSins Permitted to Plead
to Assault.

John Moore, So Liberty street,
alleged by County Physician William
H. Mckenzie to be responsible for
the death of Walter Tonpkins, who
died at the City Hospital yesterday,
of murder or even of manslaughter
in connection with the death OF
Tompkins.
Carelessness on the part of the
police officials in making a complaint
against Moore is said by Prosecutor
Louis Hood to be responsible for this
condition. Tompkins died of oedema
of the brain, and, according to
County Physician Mckenzie, who
performed an autopsy on the body
yesterday, the oedema was caused
by blows alleged to have been in
fiicted by Moore on January IS last.
On that date Moore and Tompkins,
who lived in the same house at So
Liberty street, quarreled over. it is
claimed, the attentions paid by Moore
to the married daughter of Tompkins.
During the quarrel Moore picked up
a hatchet or small axe and hit
wiz wac StfSaAtS eAaCO
years of age, over the head with it.
Tompkins was rendered unconscious
by the blow, or blows, and was re-
moved to the City Hospital The
police were notified and Moore placed
under arrest by Sergeants O'Gara and
Corbitt, of police headquarters. In
the First Precinct Court O'Gara
swore out a complaint against Moore,
charging him with ordinary assault
and battery, the complaint reading
that Moore did strike said Walter
Tompkins upon the head with a
hatchet. causing him great pain and
suffering
In the complaint nothing was said
about any manning or cutting of
Tompkins, and when the complaint
reached the prosecutors office in the
usual course 1t was looked upon as
one of ordinary assault and battery.
With this in view Moore was allowed
to sign for trial in special sessions,
and last Thursday pleaded non vult
to the charge and was remanded to
Jail for sentence yesterday
On Saturday word was received by
Chief of Detectives Fred Weimer that
Tompkins was liable to die, and then
for the first time it was realized that
Moore had been allowed to plead to
a minor offense when the real offense
might amount to murder, as it aft
erward developed that it did with the
death of Tompkins yesterday morn
ing.
Judge Martin yesterday postponed
sentence on Moore for two weeks in
order to allow an investigation to be
made The matter was first called to
the attention of Prosecutor Hood to-
day, and he at once sent for Sergeant
O'Gara, who made the complaint, to
find out by what authority he made |
a complaint for simple assault when |
Moore should have been held to the
grand jury to await the result of |
Tompkins's injuries.
1t is understood that the prosecutor |
told O'Gara that his action was care !
less in the extreme. and that he |
would take steps to see that 1t was |
laid before his superior officers.
As the matter stands Moore is tech |
nically guilty of causing the death of |
Tompkins and should be facing a |
murder charge. Instead he has been /
charged with assault and battery and |
allowed to plead non witt, really a
guilty plea, to the latter charge. As /
a result ne is protected from again |
being placed in jeopardy for another
osrsnse growing out of the same act
or transaction, and as result can
not be indicted On a charge OF muir
dsE.