The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-09-03
SOOY, THE DEFAULTER.
THE PRELIMINARY ExAMINATIoN-THE AMOUNT
OF HIS DEFALcATIoN REDUCED TO $44, 116 &C.
NO Defence oFFERED-CoMMIrrED IN DE-
FAULT OF $75, 900 BAIL.


OF HIS DEFALcATIoN REDUCED TO $44, 116 &C.
NO Defence oFFERED-coMMIrTED IN DE-
FAULT OF $3.50 BAIL.
TRENTON, N. j., Sept. 2, 1875.
The preliminary examination into tho case of
Josephus sooy, Jr New JERSEYS defaultng Treasurer
took place here to-day, at Trenton before ex-Mayor
Mills, Justice of tho Peace Attorney General Van
Alta appeared for the State and in opening the trial
stated that the counsel for the prisoner waived the
right of the prisoner being present, consequently
the trial would 60 on without his attend
Two charges preferred against the
prisoner-one. for embezzement and tho other
for misconduct in office. Nothing but
prinG fdcie would be made out and nothing but
facts pertinent to that would be adduced Mr.. Mercer
Beasey J prosecutor for Mercer county assisted the
Attorney General and Mr.. A G. Rchey appeared for
the prisoner
The first witness called was Benjamin +. Crawford,
cashier of the Pennsylvania Railroad Company. He
testified that the amount Of tax paid by the Pennsyva
MIA Railroad Company the State ofNew jersey in lieu
of transit duties, $29s 12S 9S annually; the State
of New Jersey stock in the Pennsylvania Railroad
for which it quarterly dividend of $7217 So
The witness knew Josephus sooy J in his capacity
Treasurer of New Jersey, and had dealings with him
SUCH he made several payments to him of moneys due
the State of New Jersey by the railroad company since
the LIST of January 1875 as represented by the following
No 1892 for October 1874, paid in January,
No. 8, 425 date. ACKNOWLEDGEMENTS. 1888 06
No. 1,Sl0 for November, 1874, paid in Febru-
No 3,S43 date. OBSERVATION-DISCLOSURES. u.s. 1888 06
No. 434S, same date ...............-... IT, 633 OS
No Isl, for January 1915 paid in February. 2GS14 OS
No S19 for February 1875, paid in March, "a S44 08
No 1169 for March, 1875 paid in April.... "a s44 OS
No. 705 for April 1875, paid in May. "a 844 0S
No. 1922 for May, 1875, paid in June "a S4 OS
No. 1875 for June 1876 paid in August 49,. 24S44 0S
No 173 for July, 1875, paid in August "a S44 0S
Mr.. Crawford continued Mr. sooy received
check for the amount of the dividend from Mr. Taylor
cashier Of that department; some time in July Mr.
asked me to do it; he wanted check for $6,000
made payable to the order Of a fancy looking man
named II. b. Freeman, who accompanied him, and he
wanted the balance made payable to himself in a sepa
rate check; sooy often received from me checks for
small amounts.
Mr. Crawford testified great length but the forego
ing is the pith of his testimony.
f. ]. Anderson, Assistant Comptroller testified that
he has occupied that position since 9th of April 1871
is thoroughly familiar with the work of the ofce 1t is
the duty Of the Treasurer when money is received by
him, to report the amount to the Comptroller for audit
and regstry this understanding is based upon the Ian
guage of the statute; refer to the second section of
the act approved March "a 1868, entitled "a further
supplement to the act entitled act creating the Offices
of Comptroller and Treasurer, and defining the duties
thereof;' since the Goth of October last the moneys
reported at the Comptrolers Office having been
ceved by the Treasurer from the Pennsylvania Railroad
Company wero in the aggregate sos 275 52 the
Treasurer should have reported since then assuming
that he had collected all that due and payable and
also assuming that he collected the tax for the month
Of July, 1875 and the July dividend for 1875 the
of $3.50 65S 30; according to the books in the Comp
troler's office Sooy is short $S7 1872 S0 have
amined the books in the Treasurers Office; the books
there do not credit the State charge the Treasurer
with more than appears on the books in the Comp
trollers Office.
Comptroller received by him from the Pennsylvania
Railroad Company since October 26, 1874 A. Febru-
airy %, $55,S99 20: April %, s4e,eSS 16; June %,
$40 S44 OF; July 26, $4,000; August a. 81 S44 OS;
the amount of tax due from the Pennsylvania Rail-
road Company per month is SPAS oS; the State
stock held by it, each amounting to $7217 So payable
in the months of July. October January and April in
each year; heard the evidence of Mr.. Crawford.
Q. Please state, If you can, which of the payments
testified to by Mr.. Crawford to have been paid to the
Treasurer have not been reported to the ComptroerP
the AGGREGATE e s4477 H. none Of WHICH have been
s MafcS u = ssssasJ Q y Sr Crawford.
check of April g. 1875 for ST. OO0 the check of April
"a 1875 for So 900; check of May 1875, for 500;
check Of May 10 for 81 800 the check Of May % for
81 500 the check of June 10 for 81 500 the check Of
June "a for $s OS and of July for 81 600 have
been reported and also the payment of the dividend
O. Has Sooy reported to the Comptroller the moneys
accruing to the State from the Pennsylvania Railroad
Company prior TO the Goth Of october astp A. He has
reported the moneys accruing on taxes prior to that
time as far as know have as yet detected no oms-
sion in the reporting of dividends prior to that date
You have stated the balance against the Treasurer
by your books. Have you any information as TO any
money in the Union Bank of Mount Holly that will, If
there reduce the aggregate amount of the defacaton
A. Yes, sir have the apparent amount to the credit
of tho State in the Union Bank Of Mount Holly as
shown by the rreasurer's report to the Comptroller, is
So 90 have learned that the balance the credit
Of the State in that bank is $3 951 Az the difference
between these two amounts is S2S,321 % which if on
deposit TO the credit of the State will go in reduction of
the deficiency which have before given
Albert Runyon the State Comptroller, next
amned He corroborated the evidence OF Mr. Ander-
son, the Assistant Comptroller.
Charles J. Harker, cashier of the Mount Holly
National Bank testified that Sooy had ordered him
transfer the State of New Jersey balance which
NAMED in the Mount Holly Bank of S14 944 92; this
will leave the amount due the State by the bank
sac, 500 a.
The foregoing amount when deducted from the
original figures Of the defalcaton will reduce them
$44, 116 Ct
DEFENCE OFFERED.
At the conclusion of Mr.. Harker's testimony the
for the State closed
Mr.. Richey, counsel for the prisoner, then stated
that he waived the right Of defence. He did not
examine any Of the witnesses for the State.
The Justice committed the prisoner to await his
trial in default of $75 600 bail No bail offered and
no comment made His trial will take place before
the Mercer County Court of Oyer and Tcrminer this
city, in the beginning Of next month, if he is fully
stored TO his usual health