The New York herald., 1874-05-08
BROOKLYN TREASURY FRAUDS.
Ninth Days Proceedings ID the Trial u
Cortland A. Sprague.
Judge Moore's Charge to
ran the Jury. aA IS ~
THE DEFENDANT ACQUITTED.

LIZ LEE ENUANI ACoulITEU.
The sprague jury were in their seass before ten
O'Clock yesterday morning, and the Court Of Ses-
sions room was crowded with members OF the Bar,
city officials and others desirous OF listening to
the charge Of Judge Moore. The Judge tooK mis-
seat on the Bench promptly at ten O'Clock, and
before proceeding 70 deliver his charge said thas
he understood that Mr. Abbot the Juror who
spoke to him the previous day about the length OF
his charge, had the impression that no was
offended BY the inquiries. The Judge was sorry,
~ he had not the slightest idea at the time thas
anything of1ensive had been said BY the juror.
rHH oHARGH TO TIE JURY.
Judge Moore then proceeded TO charge the Jury
% iOilcws:-- i-@ .as
. GKrrEn0--l think IL right at the outset OF the
commend you FOR the great patience and attention
happens thar In trial ike this. or In one lasting
more than one Ortwo days. delayB are not occa-
y q ss put y a @
not single instant Of time has been lost or any
delay occasoned By any absence on your part and
have given, has been almost unexampled In cases
OF this Kind. large portion Of the details OF this
1s n se xsee .Ss
have paid the most patient stsentton. and
beg. nox. 70 to- thank AM :, you 70 10 for 1T; +; And
say it IN justice to the distinguished counsel who
have tried this case that IN fhe course oi pretty
case 70 be more thoroughly prepared or more thor
oughly tried. II is something remarkable that IN .
g no 30 aYs Uese N ror oo q It's
side that might be called harsh. There has been
on each side deslre that the truth should be got
transaction should Be known Andi Il. 10 the course @
Of the trial. have erred IN any q the ruling on
questions OF law, 1t has not been due to any want
certainly done, their part with exceeding skill,
ability ana ndelity. II ,s sometlnaes proper. gen.
tlemen, In criminal cases-in al cases. perhaps
that the Court should sum up the facts Of the Case
IN ORDER 90 . :. -. - - a.L ~
and TO prevent being done something thar should
not be done but IN tnS case the labor Of that duty
| am relieved rom: The counsel who have sum
iacts Il any iHsrencs from the iscss would Sc un
selling you % brieny as may Be what the law is as
understand ~ that ie applicable TO this case.
Tnis indosnsnt as has been ms stated u Jour hear,
ninety counts. Mlwas properiy drawn IN tnst way.
80 as TO meet every possible phase Of this transac
skiiifully drawp--drawn IN lawyer-llke way.
Bus as often aapRsnsTass almost nvariabl
iarGe dunbar 81 connts some of snem are aban.
doned before the case IL finally committed to the
jury And 60 IN this case you are relieved from
counts, @ and are brought down to the exsmination
OF comparatively . few Of them. The counsel for
ss ss rsa Spoo bs sSd 70 ,Ss s
Indictment thus pr properly reducins the indictment @
have examined these counts and 6nd that some
OF them will have TO be still further excluded nom
the ruling made by me the other day With refer.
ence to r. amseB4 20 CsGtG gtd IL s3Yenra
n. THa MEANING OF THE WORD DOLLARS
when used IN the Indictment. You remember that
the point was made BY Juoge Barnard, counsel for
the defence, that where the term dollars was used
It SO cited BY authorities which must regard as
law until they are reversed. That where the word
and silver, and nothing else and that where Il is
Intended TO describe any other kind of money,
such g treasury notes, greenbacks OK bank notes,
OF money Of the vsiue OF 30 many dolars-S The
distinction n drawn M y & sne decision M "a, between an
Day shst dollar and therefore the ssh iosn, SstS
sod, $40, 0Sd and roth win have 70 be excluded,
leaving the sta 20d aosn. sstn, ssth slst sstn and
y III. Barnard tof counsel for defendsnp-r cali
Your honor's attention 70 the eighth count which
The Oourt-I think not sY1a Mo 20 si3
Mr.. barnard {rsading) -"On the 10th OF Novem.
Der. is7s there vas % received By tne @ said 9: 4;
Brookiyn, the sum Of $4'A0c, lawful money Of the
Mr.. Barnara-"A more, particuiar description Of
which 10 70 the Jurors aforesaid unknown, ana II
then and there became and was the duty OF the
SAID city ii Aforesaid; but that the said A. sprague
did not safely Keep me same ior said city but did
s@s 20 M o%n s Ss .s
moneys moneys, without the assent OF the SAID city o.
The oourt-Inl the statement OF the amount re-
ceved the word ''doars'' - used, but then tt says
tnat the particular description OF them cannot be
su and
element, the word money u used. The charging
p bpcrs n NOT cHxsGE TIE xxBrzzlsxnsr OF 30 MANY
It charges him with embezsling 80 much moneys
%tn ths MADE Sy the
Now, gentlemen. the eighth count refers to the
Jefferson Car transaction OF October lo the twenty
November IL The twenty-ninth count refers to
the Long 1sland Club transaction Of January 10.
s' isrs to another jesrsoH Car It sransastion; the
sixu-sixrh 70 the Brooklyn Building stock
transaction. These are the transactions TO which
the remaining counts refer. Now, this crime Of
crime At common law, ana 40 some some statute had to
be passed IN order 70 make u. crime and .
i does come cor Within section OF = the % city charter
5s es@sa sonS
punishable by ane or by bOtn.n The term en-
bexzlement mas certain nxed donnftfon among
lawyers and courts. and means the felonioua con-
version to his own use Of money intrusted to him.
with the intent TO apply such moneys to his own
uso and deprive the. polsou WHO owns them or
them. In other words, the charge against Sprague-
=, that he having received these moneys as sucn
Treasurer converted them TO mis- own use, intend
ing to deprive the city OF them. If nc did tnas
he u gutlty OF the CRIME On embesslement. That
constitutes the felony described VI the section
Tnat is the crime which tnis section Ii aimed at,
the taking Of moneys OF the city entrusted ~ HIM
a. Treasurer converting them 70 his own use In
tendinS TO deprive the CITY Of them. some crtti.
clsm has been made upon the word money e used
loosely drawn. stll sn,nE lean see clearly enogga
to sey ana does In fact say. think shat that term
.'em6esziemens o. money! Y equivalent 70 say-
in the shape OF checkA bank bills or IN any other
shape.", 4 means every embesElement OF the CITY
Nands. lt ID evident TO me that this 10 the
- MEANING or THE WORD MONEY asf1
a. used there although perhaps is not the strict
meaning OF the word money. IL 70 the meaning
here Otherwise full eject cannot be gwen to the
evident intention Of those who framed the section.