
    IN THE MATTER OF THE APPLICATION OF MEYER C. ELLENSTEIN AND OTHERS FOR WRITS OF CERTIORARI TO REMOVE TO THE SUPREME COURT INDICTMENTS RETURNED TO THE ESSEX COUNTY COURT OF OYER AND TERMINER BY THE ESSEX COUNTY GRAND JURY, SEPTEMBER TERM, 1937.
    Argued January 20, 1938
    Decided March 14, 1938.
    Before Justice Bodine, Heheb and Pjbbskie.
    For the defendant Ellenstein, John E. Toolan.
    
    For the defendant Franklin, John W. McGeehan, Jr.
    
    For the defendant Minisi, Ferdinand D. Masucci.
    
    For the defendant Duffy, John A. Matthev<s.
    
    For the defendant Parnell, Edward B. McGlynn.
    
    For the defendant Boettner, Osborne, Cornish & Schec'k.
    
    For the defendant Tepper, Joseph C. Braelow.
    
    
      Eor the defendant Reichenstein, Bernard Devin.
    
    Eor the defendant Eieldman, John Drewen.
    
    For the defendant Stevens, Stichel <& SticJcel.
    
    Eor the defendant Berry, Arthur J. Connelly.
    
    Eor the defendant Stoutenbergh, John W. Sirahan.
    
    Eor the defendant Cronheim, John F. Ryan.
    
    Eor the defendant Lehman, Walter G. Winne.
    
    Eor the defendant Demarest, Fredericlc M. P. Pearse.
    
    Eor the defendants Beckwith and Yeomans, Congleion & McLaughlin.
    
    Eor the defendant Lippman, Joseph L. Lippman, pro se.
    
    Eor the defendant Klein, Morris H. Klein, pro se.
    
    Eor the defendant Eerry, Milton M. Unger.
    
    Eor the defendants Silver, Silver, Held, Sax, Sax and Chernin, Merritt Lane.
    
    Eor the defendants Raschkover and Heimberg, Harold Bimandl.
    
    Eor the defendant Kaplus, Mac A. Kaplus.
    
    Eor the defendant DeCamp, Ira C. Moore, Jr.
    
    Eor the state, Warren Dixon, Jr., special assistant attornéygeneral, William A. Wachenfeld, prosecutor of the Pleas, and Joseph F. Conlon, first assistant prosecutor of the Pleas.
    
   Per Curiam.

These are applications for writs of certiorari to remove into this court indictments returned against the above named defendants in the Essex Oyer and Terminer, at the September term, 1937. They are grounded (a) in two matters dehors the indictments, i. e., (1) asserted errors in the charge delivered to the grand jury, prejudicial to their fundamental rights, and (2) the claimed presentation to that body, likewise to the prejudice of their substantial rights, of the report and findings of Warren Dixon, Esquire, as an expert appointed by Mr. Justice Parker, under the provisions of chapter 3 of the laws of 1907, as amended and supplemented, to investigate alleged unlawful expenditures of moneys of the city of Newark; (b) defects alleged to appear upon the face of the indictments; and (e) the alleged attendance of an unauthorized person upon the grand jury during its deliberations.

Our examination of the briefs submitted by the respective parties satisfies us that the questions so raised are fairly debatable, and that, under all the circumstances, the indictments should be brought into this court for the purpose of making motions to quash upon the above-mentioned grounds only.

The defendants do not assign, as a reason for quashing the indictments, that there was no competent evidence before the grand jury tending to show the commission of the crimes charged; and such an inquiry is not to be had. In fact, they agree that this limitation should be imposed.

Writs of certiorari are accordingly allowed to remove the indictments into this court for the purpose of making motions to quash limited to the grounds stated above; and the allocaturs will be so conditioned.  