New-York tribune., 1874-06-10
THE COURTS.
THE BROOKLYN RING TRIALS.

lHE BhVJkL1N lntAlN'
CONVICTION OF THREE OF TIE COMMISSIONERS OF
CHARIrrEs-AcoUrrrAL ov COMMISSIONER CUM
NEUTRALITY-SUSPICIOUS. TO BE TRIED MKT.
The trial of the Brooklyn Commissioners of
Charities brought close yesterday by the con-
victon Of Stephen ii. Powell Henry Wills, and Corne-
Illus Ferguson, and the acQuittal Of John Cunningham
Inc history OF these cases Is exceedingly interesting
TX had long been rumored that the accounts on the Com
missioners Of Charities full OF frauds but no
definite and Official information given 10 the public
until December, 1873 At that time the Supervisory
Committee Charities-conslsting OF Supervisors
Prentice, Harman and Fisher-made q report to the
Board OF Supervisors giving the result Of visit paid
py them 10 the county buildings at Fabush and stating
that excessive prices had paid for various supplies
aud that circumstances attending the purchases FUR
nished indispusb indications of fraud Winchester
Brit'on then strctAtorney brought the matter be-
fore the Granc Jury in January, which found bills
against the Commissioners after investigation
which lasted for several weeks. At the time when the
piiis were found, however Mr. Britton had been re-
moved by Gov. DIX, although he had not received an
Official notice, and he refused in consequence to sign
the bills. Thomas II. Rodman was appointed District
Attorney in place of Britton and lost time in bring
ing the matter before another Grand Jury which met
IN March, 1874. The indictments we're round by this
jury and upon them three Commissioners have been
convicted. Mr.. ROdmaD, however, through III health,
was unable 10 go with this case, and resigned his
position, which filed by John Winsow the present
District-Aorney, who has in person prosecuted the
case The trial took place in the extraordinary term OF
the oyer and Termner Court called by Gov. Dix. The
facts reported by the Supervisors Committee fully
substanuated, but in the OF Mr.. Cunningham II
was shown that he had fought against the designs OF the
other Commissioners Other mitigating crcumst stances
were shown IN his case. Gen. Tracy appeared for the
Commissioners, and ex-Gov. Lowe especially for Mr..
cunningham Judge Daniels OF Buffalo presided, with
side Justices VOORHEES, and johnson.
AT the opening of the court yesterday morning Judge
Daniels began his charge TO the jury which lasted for
an nour and minutes After explaining the nature OF
the charges against the Commissioners the Judge went
on TO brush aside the plea Of Ignorance OF the law put
forward IN behalf OF the Commissioners, the evidence
showing that, although the intent Of the law Of 1871
under which the Commissioners were indicted, was
known TO at least OF them, it disregarded.
Again, the accused could nos have been msled from
nsapprehension OF the provisions OF the act or any
dilhculty IN It's Interpretation. The law OF loll was
furthermore the only one which the accused were re-
quired to know Besides continued the Judge there Is
DO hardship in requiring a public officer to have
knowledge Of the law.
The Judge then gave his reasons for overruling the
legal point raised by Gen. Tracy regard TO tue law Of
1874 by which the powers OF the COMMISSIONERS were
abridged He said that 1t was the intention OF tne
LEGISLATURE simply 10 make prospective change ana
not 20 repeal the act OF 1871 The question next arose as
TO whether the evidence or sucn character as to
satisfy the minds OF the jury that the Commissioners
had violated the law OF 1871 The prosecution claimed
that they had been guilty OF entering into conspiracy
concerning the manner which they should discharge
their duty and that they afterward carried 1t into
effect, and that they combined wilfully TO refuse
and neglect to perform the duty imposed upon them by
the Of ISL this wfu refusal not being confined
10 single TRANSACTION but repeated as set forth In the
indictment. In this case, with the exception Of the
counts for a conspiracy, the prosecutor limited IN
his evidence aud claim for conviction. Taking up the
question Of conspiracy tue Court said that single con-
spirlcy entered into OF q nature that contra
vened the provision Of the statute and officials per-
formed various acts for the purpose OF carrying out the
plot, they would commit only one offense and there
could be only conviction on one count or the IN
dctment The Judge also charged the jury in reference
20 certain points profered writing by the counsel.
The Jury retired at Il:l5 a. At 1886 p they re-
entered the courtroom ani asked whether they could
convict under than count for conspiracy IN
the indictment. They told tnat they could not,
unless there proved more than one agreement 10
purchase without advertising. The jurors thereupon
Withdrew further deDerdtlon, returning minutes
The roll was then called the Jurors answerlng 70
their names The accused were were snnoned ana Inc sn
made up their TIE foreman answered that they
Ferguson Henry Wills aud stephen H. Powell guilty Of
malfeasance refusing % advertise according TO law,
Gen Tracy asked for the polling OF the jury, which
done. one OF the jurors IN answer 70 the question
whether verdict, sand that 1t according
% decision of the Court that they could convict only
on count OF the indictment II they could have
convicted more would have done it. The record
OF The verdict that the three Commissioners were
found guilty ON the conspiracy count Cen Tracy made
a motion for arrest OF Judgment ana the argument
down for Friday morning. The Court desired
tne convicted Com % 70 gys oai Ia ssj eaeh
DlstretAttorney Winsiow expressed 10 TRIBUNE re-
porter his approval OF the verdict rendered The ex
irene punishment for the Jfense Of which the Comms
been convicted IS one years mprisoum ent
the PeniteBtary aud $50 nne
IaHfh fha
of the Commissioners of Charities, the indictment
against ex-Coliecior Isaac Badeau called up. IL
stated that Mr. Ba eau TOO sick 10 be present,
and afidaviis this effect brought forward The
prosecution then sent Drs Mitchell and COnklin the
residence OF Mr. Badeau ana they reported hn 10 Dc
SICK. The went over for the term
The case Of the people against CortaHdt A. sprague
a. taken up, and eXJudge Nan Cot opened FOR the
prosecution. Argument on the plea OF a former ae-
qllttal. which had been entered was Degun Mr.. van
Cot said tnat they would demurrer as n
could be drawn In the time he would proceed
with BE said that SDrigue was not charged
witIlT neg ec}ins hs duty Ia regard to the keeping OF
city funds It would be shown that sprague left the
IN such way that through MS OWa act OF thtt
Of his suDordnates taey got mixed up with spragues
private account aud diverted 20 the use of his
friends and hat Ia this way considerable amount was
lost 20 the city.
d. p. lruaId. in answer TO the remarks OF Mr.. Van
COt endeavOred 20 prove the similarity O the cnarge
III indictment with that for which sprague had been
acquitted He compared the charges, and proved tiat
nearly the words were used IN Doth cdses. Ile
counsel said the charges IN one case would re-
qro TIE proof those III the other The indiet-
meut contains twenty-eght counts, while the one on
which spragne was acquitted contained ninety. Yet
there fact in the twentyeght counts not men
tiOued the ninety, which he had been acquitted.
The indictment was not for negligence OF duty, out for
misappropriaiing the funds. sprague had been tired
for the legged, and had Deen acquitted Tle acts
really constitute the Of.nse The ofense now charged
really a de gree OF the same odense, had been
urged on the otner tflal.
NJ Van Cot replied Mr. Barnard's remarks, but no
.usOn Was reached The argument WILL De resumed
Today.
THE GREAT BOND FORGERIES.
CONTINUATION OF THE TRIAL OF ROBERTS-THE