The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-10
BROOKLYN COURTS.


Tho Frauds ON the County-Conviction
OF Three Commissioners OF Charity
The Charge OF the Court.
Before Judge Daniels and Associate Judge voor.
bees and Johnson
The District Attorney and the counsel for de.
fence having summed up on Monday, Judge
Daniels, alter the opening Of the Court yesterday
morning, proceeded to deliver his charge to the
jury. The court room was densely crowded.
JUDGE DANIELS CHARGE
was lengthy one occupying an hour and half in
delivery. After describing the nature OF the
charges against the defendants, the Judge con-
tnued as 1olows:-
Now, gentlemen, to come down more particu-
larry to this Case 1t appears that before the year
1871. the functions OF the ONCE held by the defend
ants In this case were held and exercised by the
overseerS or superintendent OF the poor NJ the
county, These superlntendents seem, according
to the assumption made during the progress OF the
trial to have possessed powers OF q discretionary
character, 50 far as the laws concerned, by
which they should supply themselves with what
oil Their office. But in the year 1871 the Legislature
seem to have deemed 1t advisable to make cnange
In reference to the manner In which the duties OF
this office had previously been discharged.
For that purpose an act was passed
defendants, the persons holdlng the Offices,
and who are named In tDis Indictment.
This act seems to have been designed on the part
OF the Legislature TO make some change in the
manner IN which the duties OF the orlce, so lar
the regulations adopted Tor supplying themselves
with the articles required 10 be dispensed by
were concerned The law required tnat in supply
ing the articles necessary lor use, so far they
were not perisnaDle IN their nature, it should be
by contract as distinguished from purchases made
and which, during the progress Of this trial. have
been called articles purchased In open market.
Now, Tor the purpose OF carrying out the spirit
and intent OF the law, 1t was the duty Of THESE
officers to advertise for the supply OF all such
articles rs were not perishabie IN certain period
OF time, which may be longer shorter, ac-
cording to the dsci elton oil the Commissioners;
visions this act TO afford dealers 10 art cles like
these required IN their departments an opportu-
nifty OF bidding Tor the contracts You will see at
once that what was designed to be accomplished
by that was to secure to che public the acquisition
oil articles OF this character at the cheapest pos
siblc rates that the ma ket would aford. Now
gentlemen, IL appears by the evidence in this
case-and 1t is not necessary to go mlnutely
through the prools--that when this act
was passed and became law-aithough it seems
to have been Known 10 one of tue Comm ssioners,
Mr. ferguson, who mad been IN the Board since
the defendants, was given to the provisions con-
tanned in the act; but they continued to go on
market 10 Certain extent prec seIy yps as
become law. Now 1t has been said in the course
OIL TINS That IT would be great hardship to
require these commissioners, IN view OF the many
regulations which mad been imposed upon tnem
to acquaint themselves with the provisions OF all
the acts That mad been passed. and that 1t would
be impracticable II not Impossible. But you see In
this case That there is certainly
No ROOM FOR ANY OBJECTION OR EXCUSE
OF that character, because there Is but one law ap
parenty passed during series oil years affecting
these commissioners, and tnat was passed IN the
year 1871 and took elect IN the month OF April IN
that year, so there was no laborlous research re-
CURED by the commissioners Or the purpose oil
ascerranng what iegsiaiion had been adopi ed in
re erencc to their powers anu du,Ies. Ii puolic
officers could be cXoneratcd from responsibility,
ana criminal responsibility, by reason OF the fact
that they laed 10 devote any attention to the laws
oil the State, why, our public oiicers, to very
great extent, would prove TO De
ENTIRELY USELESS TO THE PUBLIC
which they represent. There is no hardship in re-
curing public officer to have knowledge oi the
law. This principle of law IS now embodied III
era statutes OF tie state, substantially requiring
that public officers shall acquire this IN formation
certainly TO fair ana reasonable extent, SO FAR as
1t may be done BY reasonable efforts on their part.