The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1925-11-19
.FAHERTY FREED
ON One CHARGE
Formidable Array OF Lawyers For
Defense

Lambertville-Phillip j. Faherty
was exonerated Monday night in the
court of Justice Mathews in Tren-
ton on the charge of driving an au-
tomobile while intoxicated. The case
had been postponed twice since the
accident on the night of October 81
when car driven by Harry G.
Jeffries, of Hamilton Township, left
the road at Scudder's Falls and turn
ed turtle. He claimed that Faherty's
car had struck him and caused the
accident.
Attorney for the prosecution, JOS
eph Lannigan, of the Attorney Gen
erals Department, moved for an
other postponement when the case
came up Monday night, but he was
overruled by Justice Mathews. Fa-
herty was represented by Edgar w.
Hunt, Charles A. Malloy and A.
Dayton Oliphant. Attorney Oliphant
challenged Lannigan's right to pros
ecute the case as Jetfries, and not
the State, was complainant. He
severely arraigned Lanigan's depart
ment for it's dilitory actions in the
case, and demanded that the trial
go on. Following this Lannigan re-
quested of Justice Mathews that it
be noted in the case that he desired
to withdraw from it entirely.
Witnesses called in the case We're
C. Lewis Nelson and Grover C.
Brash, of Lambertville; who We're
following the Jeffries car when it
overturned. But neither of them
could swear who was driving the
car which was supposed to have hit
Jeffries. John O'Brien, who was
riding with Jeffries, also admitted
that he could not identify the driv-
err, for he had left the scene inn
mediately to take the girls home
who were riding with them.
Jeffries was next called, and he
admitted under examination that
or condition of the car which struck
him. (When word was sent to the
Lambertville Troopers following the
accident, it was stated that the car
was a Dodge sedan. Faherty's car
was a Hudson.) Nor could Jeffries
swear whether the arrest of Fa-
herty was in Hunterdon or Mercer
County.
Thomas F. Kilroy was next called,
and he testified that when his gar
age was phoned by Trooper Hauss-
ling to bring Faherty's car in he had
found it near the abandoned quarry
quarter of a mile below Lambert
vile in Hunterdon County, and
mile from the Mercer County line.
Trooper Ilaussling was then call
ed, but it was found that he had
left the court. He had left word that
he would return, but he never APP
peared again. Attorney Oliphant
then requested verdict of not
guilty. pblHtiiR Oul bndl iHc Ii'Nt-
cution had failed absolutely to es-
tablish a case AGAINST Faherty. Also
the return of Faherty's registration
and drivers licenses was demanded
because no case had been proven
against him. and because Trooper
Haussling had acted beyond his
authority in confseating them at the
time of arrest.
Justice Mathews stated that there
was nothing he could do but acquit
Faherty on the evidence submitted,
and declared him not guilty. How
ever, second charge had been
made against Faherty in Hunterdon
County, and this comes up for
hearing before Justice Elmer w.
Smith, of Lambertvlle, this Thurs
day morning. The legality of the sec
ond charge is seriously questioned,
because the law declares that man
cannot be tried the second time for
the same olfense when he has once
been acquitted.