Perth Amboy evening news., 1915-04-02
WESC0TT WANTS MERCER JURY
To TRY DEPUTIES FOR MURDER
Petition Sent to Justice Bergen
by Attorney General Without
Approval Of County Prosecut-
or, It Is Said.

petlttonlng supreme CouEt JubSiSo
James j. Bergen to direct that jury
panel be drawn from the county Oh
Mercer for the trial of the twenty-five
deputies" now in the county jail on
murder charges, without the approV-
al of Prosecutor William e. Flor
ance. a sensation developed today in
the Roosevelt strike cases. 1t was
learned that Mr.. Florance did not
concur in the matter, and the petit
ton to the justice was only signed
by Mr.. Wescott, though Mr.. Flor
ance, as prosecutor, is attorney OF
record in the coming trials.
When questioned concerning the
action of the attorney general this
morning, Mr. Florance said that
though he knew of the petition being
presented to the Justice by Mr.. Wes-
! colt. he had not signed 1t and that
Mr., Wescott had taken the action
of his own accord. Though Mr.. Flor
ance would not comment on the ac-
ZION of the attorney general, 1t is un-
derstood that he was taken by
prise at this development, and by
| his not concurring in the petition to
| the supreme court justice it is de-
elared that he saw no reason for the
| action. ard was sattsied to..s1iaEs the
i murder fury to be drawn TfUsh tn 6
4 panel OF sixty names selected yester-
/ day at New Brunswick, which COM
prises the whole petit jury for the
| April term.
Though Joseph e. Stricken, coun-
SCI for the deputies" would not say
i .snything for publication, II is said
| that he would not object to having
| tie jury drawn from this county to
| try the deputies" 1t Is declared
| that as Mr.. Stricker's home and
offices are in this county, and as the
prosecutors home and Offices are in
this county, that neither would have
an advantage over the other In the
matter of selecting jurors.
Another singular development be-
came known today when 1t was
learned that Prosecutor William E.
Florance had made motion to be
argued before Supreme Court Justice
Bergen tomorrow asking for sever
ance of ten of the indictments. 1t is
understood that the prosecutor has
selected ten of the indicted "depu-
ties'' whom he believes the evidence
and desires tC have them tried sepa-
rately on the murder charge. This
morning Mr.. Florance would only say
, that in his judgment the ends of
Justice would be better met by the
trying of ten of the accused separate
ly. 1t is thought that the prosecutor
has found that it would be useless to
ask any twelve men to convict the
whole twenty-five deputies togeth-
er, with some against whom there is
1 but little evidence that they actually
participated in the fatal shooting at
Roosevelt.
The singular part of the motion to
Justice Bergen is the fact that Mr..
Florance made the motion without
the concurrence of Attorney General
Wescott as did Mr.. Wescott make
the petition to have a foreign jury
panel drawn, without concurrence of
Mr.. Florance. Some who have been
watching developments in the case
declare that there seems to be a
breach widening between the forces
of the prosecution. The motion to
/ have the indictments severed against
! the ten, whose names could not be
| learned this morning, will be heard
before the justice at Elizabeth at 10
O'Clock tomorrow morning. 1t is be-
lieved that Mr. Stricken will object
/ to the indictments being severed.
though he originally made a motion
/ to have them severed shortly after
the men were indicted and then aban
doned it. It is believed that he now
wants the men tried jointly as was at
first proposed. If the severance of
the indictments against the ten dep
uties'' is granted it will mean proba-
bly, weeks to try the men separately,
and develop slow and laborious pro-
ceedings and increased cost to the
county.
Justice Bergen will likely decide
both points at issue tomorrow; that
Is, whether foreign Jury panel shall
be drawn from Mercer county and
whether the indictments against ten
of the deputies" shall be severed.
If the severance motion is granted
the ten men, believed to have been
picked as the most guilty, will be
placed on trial Immediately. Whether
the other fifteen would later be
placed on trial would depend on the
outcome of the trial of the ten.
Just why the attoney general
asked that the Jury panel be drawn
from Mercer county Is not known,
and 1t is declared the defense would
object TO the prosecution naming the
county from which such jury panel Is
to be drawn.
Continued on page 8.