The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-19
The JERSEY CITY FRAUDS
The Municipal Government
on Trial.
Legal Filibustering Thwarsed by Judge Bedle-
New York Court Tactics Ruled 0ut-Impor-
tant Revelations for the Taxpayers
How They Try Jury in Jersey.

Herbert r. stout appeared for the State. and Leon
Albeit. Jonathan Dixon and c. IL. Wlndeid for the
defence. Nearly every member OF the city govern
ment was In Court. 1t IL needless to add that the
court room was crowded.
The District Attorney opened the case OF the State
the Police Commissioners OF Jersey CITY, charg
ing them, in conjunction with the Cnief OF Police
and the captains of the four precincts with con-
spracy to delraud the Mayor and Board OF Alder.
men OF jersey City.
MIR. Albeit moved for permission to withdraw
the plea OF not guilty, and the motion was denied.
Mr.. Dixon then moved to quash the Indictment.
He read 1t through, and pointed out the clauses on
which he rested ms motion. The indictment
charges In substance that for the latter hair OF
October, 1871 the Chief Of Police received 1904 for
salary, when he was only entitled to slo4 that
each Of the four police captains received SlO4 IL.
when he was only entitled to s54 II; That said
fraudulent sums were certified to as correct by
each OF the police captains, by the Chief and by the
Commissioners constituting Committee on
Salaries, Messrs. Gross, hutton and Goethe, ana
afterwards approved by the Board, the whole
amount being $1,000 10; that the three Commits
sioners named signed blank checks and handed
them to Captain Parker for the pay roll OF the
officers and men OF the Third precincts that the
amounts for salaries were afterward filled in; that
blank check on the Second National Bank was
signed by Mr.. Prilchard, President OF the Board,
and handed to the Chief of Police, who drew thereon
the sum OF 1904 13. MIR. Dixon contended that the
Indictment was detective inasmuch as 1t was not
shown that only certain sum was due, but simply
asserted. The charter provides that the chief ana
captains shall receive so much per annum,
but IL does not speclly how that Is to
contract win the Commissioners to have their
salaries pald IN certain way. anu there Is nothing
IN the charter 10 prohibit them. IL was II matter
Judge Bedie-Ihe Court deny the motion 10 quash
the Indictment II there be conviction and me
Court would then express their opinion ON the
points raise. For the present they VIII give no
OF the objections to the Indictment OF sufficient
weight to arrest the progress OF the trial. The
counsel for the state may proceed. Are the de-
iendants ready for trial2
Mr.. Dixon said mat the defendants desired to
tae pea ana put rass ,s nso
to be withdrawn either, upon the motion to quash
the Indictment or demurrer.
jurors on the ground that they were not drawn by
Shern Rennardt IN the manner prescribed by law.
Judge Hedie-A challenge to the array must Oe
Counsel for the defence held a consultation, and
the challenge was presented In writing
Judge Bedle-HOw do you propose to try this
challenge-the same as IN New York
Mr. ALBEIT replied That they proposed to challenge
the jurors and nave them tried.
After some consultation between the Attorney
General and counsel Tor the defence, Judge Bedle
ibSkCu Tue allcT IL IHcy utu buOlIiAltu all inc
grounds OF their challenge, to winch Mr.. Albeit re.
pied IN the affirmative.
Judge Bedle-Tne Court Will then decide II the
State nothing To say. This viii not be tried
by pieceneal. (ihiJ announce nent, delivered III u
very emphatic manner, created some CONSERVATION
III the ranks OF the COMMISSIONS. BumSted started
from his seat and moved uneasily, while every
other member OF the Board oil Pubic orls, well
the Police Commissioners, looked around for
ISOLATION ana gasped for breath. The New York
Court tactics met with an ignOmnlOIs deleat) The
Court viii decide the question OF the challenges
without discussion.
Sheriff JOnn Reinhardt was then placed on the
stand-liave been sheriff oil the county since the
I4th OF November last the term OF THIS Court COM
menced on the 10Th OF January: summoned petit
jury Tor the present term or Court; the County Clerk
Mr.. Kennedy, told me that the jury must DO drawn
twenty days before the opening OF the Court; Mr..
Kennedy myself, my clerk and Mr.. futile got to-
about the paper Shown; DO not recolect the day
That We drew the Jurors; II had known about this
case would have set II down.
Mr.. Adjective did not know anything about 1t
either. Laughter.)
Witness-I did not make out the slips OF Jurors;
Mr.. German made out the list; the drawing took
place In the County CLERKS office, and the names
were put On the slips In my oiice; Mr. Cronan, onc
OF my clerks, wrote down some OF the names: car
ried the slips into The County Clerks ONCE myself;
do not recollect whether carried them in my NAT
my hand or my pocket.
Judge Bedle~Sherin, we want to be very accu.
rate IN this matter. TINS is very important ques-
tion, and we don't want guessing or nearsay.
Witness-if mad known this matter would come
up would have been more particular in taKil.
notice OF these little points,
Sheriff; 1t Is your duly 10 be very particular.
Examination contlnued-l am almost positive
nat; Mr. Kennedy counted them, together with mis-
CLERK, my clerk ana MYSELF l think counted las;
after they were counted they were put into waste
paper basket; | chucked them right In and stirred
them up; they were folded up before we counted
them In my Office; they were not opened until we
called the names OF; made the selection In my
Office and gave the names TO my clerks there was
no change made from the time selected them until
they were drawn; made selections OF jurors 10y
good jurors; consulted some Of the best citizens
In the county, really Cannot recohect any ciIzens
present at the drawing except TIE consabie5, got
the names from different citizens; those mat Sc
leced were from the town Of Union, HO5oKcn ana
North Bergen-thOse that knew; after the clerks
wrote OF the names OF the jurors TOOK charge OF
them; they and myself folded them up; tle clerks
read or the names ana | Checked them on,
not say the time that went in tho
oiice, but do not Know as matter OF iact that 1t
was drawn until aier hall-past Jour O'Clock; sew
enty-Lwo ballos were drawn out; threw them IN
the basket, stirred them up ana read them OH to
Tire County Clerk, Mr.. Kennedy; am under the i'm.
preston there were seventytwo ballots elt; took
them and had them In my Office for some time TO
my clerk, Mr. Gorman made me list OF the Jurors
III the time they were drawn two papers shown;
No. l, think, is Mr. 1utte's handwriting; No. 2 Is
sOrmans: look the list that he made IN my ONCE;
think he made three copies the same afternoon, nut
10 not know; put the copy IN the SAFE and saw |
W0 or three papers the next morning; believe |
futile made one OF the copies that MED IN the
,lrH5 ONCE texnibb l or y; ! signed those |
papers; we nau no DOX tnere TO draw Inc Jurors |
rom; Jnese are the only TWO papers Shown that |
ire certified by me, that recOllect Of think Isgned
me the next Gay and the otner later Tue second |
,aper, III Turtles andwritng, presented To the |
;Ourt AT It's openings | TOOK the names left IN |
he basket merely to show parties tnat l had |
ner names on: don't know why did It; do not |
NOW OF any parties calling there ii they had
zen drawn; hal 40 reason To suppose that par |
les would call; | Kept the names OF the parties |
irawn In the safe for some time, Intending TO put |
hem In al the next drawing, and then changed my |
aind; l never made any otncr return other than |
'os. and 10 the Court and TO other parties.
john Kennedy sworn--l am Clerk OF the county: l |
ecoiiect thaL tue Sherin came into my Oce on be-
emDer %, ana drew q panel OF Jurors al nalfnast
our O'Clock I. Nj; ne was accompanied by two OF |
IS clerks, John German and Hugh Johnson: the |
dllots were III n basket; the ballots were folded.
ny Impression Is That he sad, awe must null |
he lury'-llaughter); ne stirred up the paots and
cad the name; naDded 1t over TO me; | examined |
and handed 1t over to MIR. futile 10 register the
ane we ureW seventy-two names, AMI counted !