The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-01-04
PRICE TWO CENTS.
EX MAYOR 0'NEILL'S TRIAL.
MIR. GTLCURysr UlRNING UP Nv A RE
Ply 10 JUDGE KN.fPP.
Denying that the Lnw Inrcss Criminal vnt.,,
where AN Act " Done by Omcint-A
stirring Opening Address Far the D.fcn<<>

Denying that the Law Inrcss Criminal, y,,e,,
where AN Act ~ Done by mn Omcln,-A
Stirring Opening Address for the Defence.
Tho trial of cx-Mayor Charles IT. O'Nci,l
| of Jersey City for alleged mnfeasance in CON
motion with the reservoir job WIS continued
ycstrrdny. J. fitz Mallory the prescnt Clerk
" tho Board of Public Works; Levi w. Pcst
tho Chief Engineer; and William A. Brown, tho
Nhtcr kcgistrar. were examined in reference
TO certain payments to the contractor. J. n.
'l'Veinnd' City Clerk Scott identified tho war;
rhh's' ana explained tho mode OF their nav.
hichl. Oh cross examination no identified a
number OF warrants which Mr. O'Neiu bnd re-
fused to sign. md numerous ordinnncca which
he had vetoed
IL. ii. Newkirk. who was Clerk OF the Board
OF Public Works at the time. testified that there
was no contract for the sewer which W. q built
in connection with the reservoir and foc> which
part Of the bills. the payment Of which was
made the subject OF Indictment were incurred
by MIR. Ncwkirk It was shown that Mr.. ONcill
had refused to approve the resolution to change
the contract out Of which the enormous addi-
tional expenditures arose: tn II was passed
over his veto; and that. subsequently. he re-
fused TO sign warrants for over $500 tie
amount to which the board was limited in pass
ing blIls without contract.
Earl s. Martin, who was chairman Of the Com
mlttce OF Pumping and Reservoir. which had
tlon In the specifications. by which stone wall
sttl2 a yard was substituted for an earthen en-
reservoir. was made by tho recon men ndation 81
Shisi Engineer Culver. He admitted that there
build the sever @ and he imsnedp @ dpt35poiiaIs ,5p iSc
pointing ont clause Of the chnrtcr in which
,l tne board was au'hori2ed to mako repairs In
emergencins without advertisement.
>, John r. Ward, who was Chief Engineer under
ihe nm,or old Board Of Water Commssioners. and
was drawn. explained that in IFS plan no -ewer
was contemplated. or considered necessary. a
OF the surface water. The only rnbils mos"nryy
Intended in the contract was for foundntions.
and not for the retaining wall By the change in
thc contract the entire walls Of the reservoir had
been buit of rubble masonry instead Of carthen
emDan nn nknent. ns intended by the contract.
the old Board OF Water Commissioners consid-
as the prices for he dsr%n, RTH Rnds Of s2 wons Sns
wero adhered TO. He denied TINT the original
tended that il was by FAR S the y most economIcs a-
a., AI@r S some iuriher unimportant testimony
Fx-Attornty- General Gilchrist opened for tn,
defendant He con, nded that tho proceeding
wi, wi5 nl,theIt" unheard Of; that the prosecution
of any intent 10 commit n crime. but sought to
c9ny.t him under u construction of tho law
which had never hren. and could not bc. main.
tanned. namely. that having signed warrants for
the eontra't,rs bills. IN Ignorance of tho al
gu NY lul'nt could be- presumed nRainst him.
N,though not proven. BY the old law. the criins
o. 9ulainins MONEY from lhr city with frnulu-
ltnt intend wNs punishable lev line or by i'm
By the law Of 1872. under which this conviction
was sought. II the theory 81 tho prosecution
was sound. the punishment for the same Of
lence. committed without frauiul ,ni intent Was
therefor. followed that an honest man who
,rigi hy mistake" was ~ receive more than
double the punishment allotted to "a rnscnl.
Judge Knapp intimate his belief that. under
n" law, the criminal intent was To hc iniernyd