Perth Amboy evening news., 1915-05-07
MERCER JURY To
TRY DEPUTIES
MONDAY MAY "a
Supreme Court Rules That
Foreign Jury viii Serve at
Trial for Murder.
STAND FOR A FAIR TRIAL
Supreme Court Justices Say
Impartial Jury Cannot be
Drawn from MiddIesex Co.
DECISION THIS MORNING
Public Mind is InfIamed, the
Court Decides, So Action is
DECISION THIS MORNING
Special to the EVENING NEws.


Trenton, May THE supreme
court today filed an order directing
that foreign jury panel be drawn
from Mercer county for the trial of
the indicted deputies in the Mid
dlesex county jail, charged with
shooting fatally two Iaborers in the
strike of the fertilizer workers at
Roosevelt, January 10, in a clash be-
tween deputy" sheriffs and strikers.
The supreme court said:
We think that the evidence in
this case requires the conclusion that
a fair and impartial trial cannot be
had before jury in Middlesex coun-
ty. We are aware of the serious ma
ture of our action and are most re-
luetant to take 1t. 1t of course ought
not to be taken unless the case is
clear one but the newspaper clip
pings that were submitted to US show
that there is disposition on the part
| of the public press in New Bruns-
wick to try the case outside of the
court room and the character of the
publications is such that it must in
flame the public mind against the
state. We think, therefore, that a
venire should issue to the sheriff of
| the adjoining county of Mercer in ac-
cordance with Section 79 of the
criminal procedure act"
Decision Expected Here Today.
Counsel representing the state,
aud attorneys for the indicted dep
uties In the county jail on murder
Es~ q "A eli +fed 10 u
from the supreme court as to wheth-
er a foreign jury shall be introduced
In this county for the trial of the ac-
cused, as requested by Attorney Cen
eral John w. Wescott, in an applica-
tion presented before the supreme
court in Newark April "a.
Counsel felt confident that JUS
tices Swayze, Kalish and Minturn,
who heard arguments on the applica-
tion and reserved decision pending
the filing of briefs by the attorneys,
will decide the important prelimi-
nary issue to the noted trial set for
May "a, today or tomorrow. They
point out that 1t is not possible that
decision will be deferred longer than
tomorrow because, If it were, there
would be but two weeks or less for
the drawing of a foreign jury panel,
If such is ordered by the court
At the session of the supreme
court held in Newark the justices
made it plain that they intended that
the first batch of ten men should be
tried May "a and that they intended
to dispose of all preliminaries no
matter what they might be, so that
the trial of the ten could proceed on
the day appointed. If a foreign jury
panel is ordered it is practically GER
tain the defense, represented by Jo
seph E. Stricken and former Attor-
ney General Robert H. McCarter, of
Newark, will not attempt to appeal
the same, even if such course
would be permissible, as the-counsel
desire their clients to be tried at as
early a date as possible. The de-
tense was ready to go on with the
trials on April 5, the original date
set, but the trial was deferred by
Supreme Court Justice James ]. Ber-
gen following the application of the
attorney general for a foreign jury,
which was strenuously objected to by
the defense
Joseph Lanigan, or the attorney
generals office was in New Bruins
wick yesterday in the interests of
the prosecution of the deputies"
and interviewed the incareerated
men. Just what he was trying to
uncover or what phase of the case
he was trying to exploit could not
be lea. ned However, he spent some
time at the county Jail with the dep
uties.'' II suppose he received all
the information he wanted" said
Mr.. Stricken, chief counsel for the de-
fense this morning, with a signifi-
cant smile, as the accused have
nothing to conceal.