Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1915-04-17
Arguments Over MiddIesex or
Mercer County Jury Should
Act to be Heard Saturday.
DEPUTIES TO PLEAD FRIDAY
Must Do This So3Writ of Certi-
orari Can Enter Into Pro-
ceedings in Decision.
HEARING THIS MORNING
Trial for Murder Which Was
Set for May 9th, is Not to
be Changed.
(By Star Correspondent.

Jersey City, April 17.-Argument
upon the merits OF the case as to
whether the former deputies, charg-
ed with killing and assaulting strik-
ers during the fertilizer strikes at
Roosevelt, should be tried before
a foreign jury or should be tried
before a regular Middlesex county
Jury, will be heard before a branch
of the supreL . court in the chancery
chambers in Newark next Saturday.
This was the outcome OF a hearing
before Supreme Court Justices
SwayZe, Minturn and Kalisch in the
Hudson county court house here to-
day. In order to properly extend
proceedings to certiorai the recent
decision of Justice Bergen, ordering
foreign jury, each of the accused
men will have to plead before the
supreme court. This will probably
be done next Thursday or Friday at
New Brunswick in Middlesex county,
when the supreme court justices are
scheduled to appear there to hear
the pleas. Justice Swayze made it
plain that the trials of the accused
former deputies would be started on
May "a, next, as scheduled, as the
supreme court did not intend to do
anything that would tend to delay
the trials.
Attorney General Wescott was the
only person interested in the case
who opposed a hearing on the q =
cation to vacate the Order of -
Bergen this morning1 Ios1
Er n - -
was not on hand. Joseph e. Stricker
and Robert FL. MeCarter. represent
ing the former deputies, were pres
ent and were prepared to go on with
a hearing on their application to
yacate the order. Justice Swayze
said in court today that he had learn
ed that the attorney general had in
tended to apply to the supreme court
as whole next week for foreign
jury to hear the strike cases, so as
to have the recent action of Justice
Bergen approved.
Attorneys for the defense stated
that they had had no such notice and
they therefore proceeded to make
application for vacating of the or
der which would arrange for a for
eign jury. Attorney General Wes-
colt stated that he thought 1t was
not within the province of Justice
Bergen, and the justice had doubted
his own authority to order that a
foreign jury should sit in the strike
cases. The attorney general declared
that he was willing to start proceed
ings to certiorari the order made
by Justice Bergen, in order to bring
the subject up for definite solution,
and he would do it next week The
reason why he had not applied to the
supreme court for a definite decision
before was because he had been too
busy.
Mr. Stricken and Mr.. McCarter an
nounced that they were ready to pro-
ceed today with argument on their
original application for a vacation of
Justice Bergen's order. In view of
the claim by Attorney General Wes-
colt that he was not prepared, the ar
gument was postponed and there will
be a hearing on the merits of the
case as to whether a foreign or local
jury shall sit in the cases, at 1890
o'clock next SaturdsS morning in the
chancery chambers IN Newark. Mr.
McCarter said that one of the princi-
pal reasons why the defense wanted
a local jury in Middlesex county was
because 1t would be permitted to
make twenty challenges, whereas
with a foreign jury it could have but
five.
Attorney General Wescott took is
sue with Mr.. McCarter concerning a
charge of rioting by strikers at
The attorney general
said it had not been proved that the
was due to rioting, as the
men had been shot while running
away Mr.. Stricken declared that In
iictments now pending against some |
# the strikers in Middlesex county |
.harged them with melting to riot |
md with carrying concealed weap- |
ms. +,
a a.