Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1915-04-03
FOREIGN JURY To
TRY DEPUT|ESAT
TRIAL MAY 24TH
Justice Bergen Rules That
Mercer County Jury Will Try
the Roosevelt Deputies.
GRANTS FLORANCE PLEA
Ten of the Accused Men Now
in Jail Will be Tried Sep
arateIy.
JOS. E. STRlCKER ON HAND
Argues in Vain Against AppIi-
cation Filed by the Stare in
the Action.
JOS. {. STRlCKER ON HAND
Special to the EVENING NEWS.

Special to the EVENING NEWS.
Elizabeth, April 3.-Twenty-five
former deputy sheriffs charged with
shooting strikers during fertilizer
labor troubles at Roosevelt, will be
tried by jury of Mercer county men
and the first batch of ten men will go
on trial May "a, next, according to
decisions made by Justice James j..
Bergen, OF the New Jersey supreme
court here today. He granted mo-
tion by Attorney General John w.
Wescott to have the former deputies
tried by foreign jury, and another
by Prosecutor w. E. Florance, OF
Middlesex county, to sever the indict-
ments of ten of the accused men, so
that they could be tried together in
a batch of ten Assistant Prosecutor
John A. Coan, who was present in
court in behalf of Mr.. Florance, init
mated that there might not be trial
of the remaining fifteen one time
deputies, alter ten had been tried.
Justice Bergen thereupon fixed May
"a as the opening day of trial, stat
ing that so much additional time
would be required because of the
drawing of foreign jury. Joseph E.
Stricken, attorney of Perth Amboy.
Representing the accused men, was on
hRGiieat3ae argued in vain against the
RJe,Iz ses.-~.-------
The former deputy sheriffs were
TO have been placed on trial in
body, commencing Tuesday of next
week. This date had to be aban-
doned when Justice Bergen ruled in
favor of the attorney general this
morning. Mr.. Wescott made applica-4
ton to have Mercer county Jury
near the cases and Justice Bergen
ruled that it be allowed. There was
ilttle indication in court this morn
ing that there had been a clash be-
tween the attorney general and the
Mlodlesex prosecutor on this point,
as mad previously been intimated, II
was not stated that Prosecutor Flor
ance had been consulted In regards
to the subject, but Mr.. Coan said
that the step had been taken with the
knowledge of the prosecutor. The
prosecutors representative voiced no
opposition to the move.
Mr. Strlcker' opposed the fixing of
a county by Mr.. Wescott from which
tne Jurors should be drawn. He de-
clareu tnat there were counties more
nearby, like Union, from which men
could be procured for jury duty. Mr.. |
Wescott promptly replied that he had /
no cholce regarding what foreign |
county the jury should come from /
having simply suggested Mercer
county because it was not far awav |
Ind was particularly convenient ON |
account of railroad facilities. Justice
oergen said that Mercer county was
wen situated with respect to railroad |
connections with the county seat in |
Aiddlesex and he allowed Mr.. Wes-
'ott's request for a Mercer county
ury 1t was considered coincident |
hat Mr.. Wescott's offices were in
Mercer county.
The move by the prosecution for
severance of the indictments in
'rder to try ten of the accused men
n one batch is considered to he a
tep greatly in favor of the states
1de of the case. Mr.. Stricken said
ne move was new to him, as he had II
Understood from the prosecutor that
ne men would be tried in one batch.
ne attorney for the accused men OBJ
ected TO the granting of the applica-
ION TOT a severance, declaring that
e had made his plans to proceed
long the lines of having the men
ried in a body. The move caught
i'm by surprise and he would have (
o change his course entirely.
jerry OBrien, head of the detec-
I've agency from which the men were
ired for deputy duty, was a conspic-
GUS figure at the hearing.
The move for a foreign Jury came
s one of the biggest surprises In the
Lrike murder cases. The application $
as made under the seventy-eighth I
eetion of the criminal procedure act
hich provides that the supreme
ourt may, in it's discretion, order
'lals by foreign turies whenever in u
S opinion a fair and impartial trial I
annot be had before a jurv of the I
roper county. The proceedings are 0
ie same as were taken in the trial :,
William D. Haywood, I. W. w,
ader, VINO was indicted In Passaic
'unty on charge of melting to riot
connection with the Paterson silk b
rike two years ago. e
The application in the Rooseve1t
Ise, made by the alto. ney general .
ter showing the law in the case and
eiting that Sheriff Houghton and =
e jury commissioner drew the I
mel for April term of court In Mid I
esex, went on to make several Z
atements to the court. The attor- (
" general asked that the men he 5
led by a jury drawn from a pauelI z
one hundred men returned bv (
,artfe YTya r-sos, 4 q