Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-12-14
SEEK INDICTMENT
AGAINST K|NKEAD,
HUDSON SHERIFF
Mayor Griffin, of Hoboken, to
Charge Him With MaIfeas-
ance in Office.
HIS LAWYERS QUESTION
NEW GRAND JURY PANEL
Justice Declines TO Allow chaI-
lenge-caIIs Sunday
Movies Illegal.


JERSEY CITY, Dec. 14-When the
December term of the Hudson county
grand jury convened here today for
the first time it was learned that
Mayor Patrick Griffin. of Hoboken,
Is determined to be revenged upon
Sheriff Eugene F. Kinkead by seeking
TO have the sheriff indicted for mall
feasance in Office
This was made known when Lich-
tenstein & Fallon, attorneys for the
Hoboken mayor. tried to challenge the
jurymen on the ground that the sher-
iff had had hand in their selection
and they would therefore be pref
udiced in his favor when the testi-
mony was heard.
The lawyers presented affidavits.
but Justice Francis Swayze refused
to accept them. He also refused 20
permit the challenge, saying that it
would have been impossible for Sher-
iff Kinkead to have selected his own
jury because the panel was drawn i'm
partially from list of 800 names
under the supervision of the Hudson
jury commissioner and under the cir
cumstances which the new law had
made to guard against just such par
tial selection.
The challenge was made by John
]. Fallon, corporation counsel of
Hobokens on the grounds Of a COM
plaint made by Mayor Patrick r
Griffin, of Hoboken- Following the
reply of Judge Swayze to the sugges-
tion. julius Lichtenstein, a Hoboken
lawyer, asked the court TO be allowed
the benefit of this challenge for two
OF his clients. whose cases will come
up in the court during this term.
This was also refused by Judge
Swayze, when Lichtenstein replied:
Charges Many Violations.
'sYour honor, I desire to produce
before you oral proof that Sheriff
Klnkead has been guilty Of violating
the criminal laws OF this State; that
he has obstructed justice; that he has
wiIIfully neglected his duty; that he
has Intentionally violated the corrupt
practices act, and that he has per-
mitted, voluntary escapes from the
jail"
In his charge 70 the jury. however.
Justice Swayze urged the members
10 treat the testimony with impair
tiaiitv
He said that the mayors complaint
would be presented TO. them by Prose-
eutor Robert S. Hudspeth. and that
they should assiduously investigate
every charge impartially and fairly,
and that if they then found that
Sheriff Kinkead had violated the
State laws they would be derelict in
their duty if they failed to indict him.
He said that the sheriff was not above
the law. and that he was as much
subject to justice as any other citi-
zen.
Moving picture shows on Sunday
cannot be considered legal Justice
Swayze told the new jurymen- He
went over the old blue laws" and
declared that any business that isn't
absolutely necessary on Sunday. ism
permissible. Sunday moving picture
shows. he said, are not necessary on
Sunday. He said attempts have been
made to throw around them the
mantle of charity. but this can have
no effect on their legality.
Delinquency on the part of tax
collectors in turning in their receipts
was another item of the justice S
charge. He said that the law re-
quired all taxes collected to be turned
over to the county by December p,
and he urged the jury to find indict-
ments in cases where the law is not
complied with this year.
Four West Hudson men are on this
jury. They are James McAteer.
Frederick Horstmann. John Hewitt
and George v. Headley.
The complaint was based on the
allegation that on the Sunday prior to
primary day in September, Sheriff
kinkead had secured the city for
violators of the Sunday closing ordI-
nance and had arrested ten saloon
keepers Shortly afterwards it is
alleged that a meeting was held at
the home of former Mayor George
Steil at which the sheriff and the ar
rested saloonkeepers were present,
when a proposition was made to them
tc renounce the Wittpenn interests
and give Kinkead all of their support,
in which event no charges would be
made against them and they would
be allowed to go their way. No
charges were ever made against the
ten violating saioonkeepers.
Further grounds on which the COM
plant is made is the allegation thai
the sheriff permitted voluntary
escapes during the recent Bayonne oil
strike when he arrested numbers,
committed them to Jail and then
later released them without perferring
/ any charge against them or causing
their arraignment.