Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1915-04-24
Decision Given Pending on
Submission of Authority on
the Points Next Thursday.
WESC0TT RAPS GRAND JURY
Attorney General Says Sheriff
Houghton Should Have
Been Indicted Also.

Especial by Staff Correspondent.)
Newark, April 24.-Decision was
reserved pending the submission of
authority on points next Thursday,
at the hearing on the new application
for foreign jury to try former dep
uties indicted for shooting strikers
at Roosevelt, before a branch of the
supreme court In the chancery cham
bers here today Able argument was
presented for both sides and the at
torney general and his assistant
fought vigorously for foreign jury,
while Joseph E. Stricken and Robert
Fl. McCarter battled about Just as
strenuously for the trial of the accus-
ed men in Middlesex county, where
they are now confined on the charges
OF manslaughter and assault.
In closing his argument at the
hearing, Attorney General Wescott
took occasion to criticize the Middle
sex grand jury for indicting the
shertff's deputies without indict-
ing Sheriff Edward f. Houghton
himself. Wr. Wescott stated that
Supreme Court Justice James j. Ber-
gen had decreed that the jury should
indict all the persons whom it
deemed guilty in connection with the
strike cases. For failure to thus In
dict all of the alleged guilty per-
sons, the attorney general claimed
the grand Jury showed sentiment in
fascy OF the sheIin and that s,was 4
big point
-, = : :. .iddlesex jury drawn BY the
sls nl1 1ngrin.
The old chancellor jury act and the
new commission jury law came up
for discussion at the hearing. The
former provided for the drawing of
petit juries by the sheriff only, while
the latter provides for such draw
ings by commission including the
sheriff and commissioner. Counsel
for the defense held that the new
commission act repealed the former
jury law and therefore the state had
no right to act under the former
law and go into foreign county for
a jury. The state held that the for
mer law was not repealed, but that
the new law was simply a supple
ment to it.
Josiah Stryker, assistant attorney
general, was the first man to speak.
4
the affidavits from Middlesex county
people. He declared that the senti-
ment in Middlesex county was to
have the former deputies acquitted
SO as to exonerate Sheriff Houghton
The attorney general endeavored
to show that prejudice had been
raised in the county against him by
and showed clippings.
One had a heading, 'Wescott Does
Not Trust Middlesex County" and
another, "Jockeying Must Cease"
Mr.. Stricken answered and said one
article bore heading '.Wescott Says
People Believe Deputies
are Murderers.
The defense opposed the drawing
of foreign jury for the trial of the
accused men most strenuously on the
ground that the defense would there
by be deprived of number of chal-
lenges. Mr.. McCarter stated that
the rights of the accused men should
not be impaired by a newspaper TAX
ing upon itself the criticism of the
attorney general
Mr.. Stricken declared that the
sheriff would not draw the jury per-
sonally Il it came from Middlesex
but that even if it was
foreign jury that Sheriff Houghton
would have charge of it.
The application for a foreign jury
Is confined to those indictments
against only ten of the twenty-five
edaputies'' in the county Jail. These
ten represent those against whom
the prosecution, it is thought, has
greater degree of evidence of their
guilt. On April Prosecutor Will
liam E.. Florance made application
to Justice James ], Bergen, of the
supreme court for the severance of
the indictments against the ten men
from the others so that they viii be
tried first and Jointly.
(ContiHaed on page 30