New-York tribune., 1874-05-08
THE COURTS.

ACQCITTAL OF EX-TREASURER SPRAGUE.
JUDGE AooREs CHARGE TO THE JURY-THE YER
DICT.
The trial Of Courtlandt A. Sprague in the
Brooklyn COurt Of Sessions, resulted yesterday in q
verdict OF acqulttal. IL generally accepted that
the Judges charge was entirely III sprague's favor
and an early aequittal expected. As the day
passed however doubts began 10 arise but on the re
turn OF the jury late the afternoon with request for
clear definition OF the word "embezziement" 1t was
whispered that the jury stood II to aud in a few mo-
ments they returned again with their verdict The
next phase IN this will be the suit OF Mr. Sprague
against the city and the Trust Company for the return
OF the money and securities which he advanced for he
now claims that he not responsible, and that the
Trust Company was.
Promptly at 10 o'clock Judge Moore began TO charge
| the jury.
Ihe indictment, be said, originally drawn in 90
counts so rs 10 meet every possible phase OF the trans
action but, a. is usual. Of them have been a0an
doned and now few left. He had examined the
counts and found that Of them would have to be
excluded st further For instance, the word dollars"
is used 10 the Indictment meaning gold and silver when
II should have been stated notes or currency" there
fore those counts containing this word will have TO be
cluded leaving only eight counts for your consideration
No" the eighth count refers TO the Jefferson Car Com
pany transaction Oct 10 lsO the 22i count refers to
the Fulton Bank Transaction, the 23th count refers to
the Long Island Club oau the 3jh count TO the Jeher-
son Car Company tine count to the Willowst prop
erty tn 6lst count to the JEFF rson Car Company the
o0s count to the Brooklyn Building Company, aud the
3d count TO the Jefferson Car Company. The crime Of
embezZ ing was not crime at common law, and
statute had 10 be passed defining IL. But this case
does not come within that; 1t comes within
| section OF the City Charter In order 70 embezZle
person must feonously convert to his own uses the
money OF another OF the city treasurer must make use
ot tue money intending TO deprive the city OF shem
The section IN the charter loosely drawn III the refer
ence to moneys" bat in his opinion, the meaning was
any OF the cIty's funds" whether notes. ehecks OK
money He mad nOOpinOn 10 whether the accused ad
cOlnllteI tne crime or NOT Dut II m was pIosee i oy
trustworthy testimony that lie was guilty such must Oc
the verdict II the deposits were made, ana the amount
converted Dy the prisoner to hs own use MIN nte 20
deprive the city or IT, II an 0nanse but reheih-
per-, sad the Judge, this money mus, nave Deen con
yefteI Oy hlmseh, lndiyduay no fonyeionS vi ,i fne
money by R0dman would biul the prisoner crimnaly
cou1ts now before sou are the 9niy ones on ws o o
eau DC convicted or acquitted: Neither mas nc S11WJ
with the matter lie not indicted Tor those trans
actions and therefore he cannot be convicted on them
Neither must yon consider the question OF neglgence
he 10 not on trial for that. He is on trial Simply and
alone for the charges the counts before YOU must
also state tnat where conviction i sought 10 he had
upon the testimony Of an accOmplcc, such testimony
should be Corr0bOratei by trustworthy testimony
OF accompce bu Courts always advise jurors not to
receive without corrob0rton, and H. In the course OF
tmony Of Rodman it will he your duty TO ascertain
whether that testimony IS corIObOrated or not III
cOrrobOrated you ought and bound 20 acqu the
prisoner. II appears from the testimony tnat Rodman
was, east an accOmpce ia these transactions, aud
| the defense claim that he Is really the
| criminal. having Acknowledged his guilt IN
the transactions Tie prosecution are bound 10 make
ont their against prisoner, without reasonable
doubt You must take the facts and retire and when
you return whether the prisoner beyond reason
| able doubt j. guilty or not guilty"
Mr. Van COtt suggested the Judge that it should be
understood that while the $4,000 matter and the sinking
Fund matter not on trial, the items aud transac
tons presented evidence and 1t was as neces
sary to have some besides Rpdmln testify to facts
that could be cooborated By the testimony VI records,
showing that SpgagIe got the money that was app0prl-
ated Judge Moore replied that the jury must take the
entire t stood, and decide upon tue facts or
rOhoTatOn rs they appeared.
The Jury retired 1890 a. M and at $50 D. sent to
tho judge f0g copy Of the charter having the clause
IN reference 10 the Trea5urers duties Judge Moore
sent back word that he could send the charter 10
them. hut il they would into court he would give
them an the light the subject they needed Upon
taxing their seats In tIe courtroom they asked Tor
clearer definition OF the word "embe Zzns." This hay
Ing been given by the Judge the jury retired At
ClO p they again returned INTO court Judge Moore
said that whatever the verdict might be there be
manifestations OF assent approval by those III
Tho clerk then put the usual question 70 the jury.
and in reply the foreman Harrison j.. Abbott, said
tuat thew found the prisoner not guilty" The court
then adjourned. while many Of the spectators rushed
forward congratulate Mr. Sprague his acquittal.
The counsel shared In the congratulations, and
dispatch sent the Hon Francis Herman. After
the hand shaking Mr. Sprague quietly left the
cOuTt room, attended BY a few OF his relatives.