The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-13
TRYING COMMISSIONER HAYT
THREE TROUBLESOME Words IN a NEW
JERSEY STATUTE

The Battle ofthe DictIonnrie. In n Jersey city
Court Room-Wns n " Written Statement
or Account" Printed On Tape Messuret.
Indian Commissioner Hayt, President Of
the International Trust Company OF Jersey
City. and Secretary Frank d. Karr and Drec-
tor Charles NJ. Field we're indicted for publish
ing on or about March 1. 1879, false iniorma-
ton concerning the company's capital stock.
Ex-Governor Bedle began the second day OF
their trial. Yesterday. in Jersey City. by raising
the point that at that time the company had sus-
pended business and that therefore the officers
could have had no motive In incorporating
It's condition. Public Prosecutor McGll In re-
ply said that II was not necessary in an indict-
ment to fix the time when the offence was COM
mted but that now he would FIX the time as
nearly as possible. The. State. he said would hx
the time OF circulating the yard tape measure
on whose back was printed tho alleged false
information within the month Of July 1877.
Now" Gov. Bedle said. "he jumps back
year and eight months. This is too much.
This location Of his case makes the ndict-
ment no averment OF the time OF the offence"
1T seems necessary" was Mr.. McGill's reply.
for the Public Prosecutor to clear himself OF
the charge that he has been dealing unfairly
with the case. The company circulated this
information during long time An indict-
ment may relate to a crime committed two
years before the date 1t ascribes to it. The de-
fence knows whether or not II has been circu
latinR this false information. III II has. then
the Governor is right in making as many fine
points as possible"
Judge Garretson thouRhtthe question Of time
was not yet before the Court. hut that the inter-
rogatory put to a witness about the amount due
depositors early In 1877 ought not to be allowed.
Tabeie Of $50 Henderson street, Jersey City. to
the witness chair. She said she took several OF
the tape measures from table In front Of the
counter In the company's bank about eighteen
months or two years ago. She could not re-
member the exact time. She used the tape to
measure cloth with, She read on the back OF
the measure that the company had 100000
paid up capital for the security OF Its depositors.
but this. she said did not influence her at all in
the advertisement on the back OF the tape was
true
words on the tape measure were n simple af-
frmation OF the amount Of the company's capi-
tai and were printed. while the Indictment. fol-
lowing the words OF the statute alleged the cir.
lRtion OF written statement or account"
IRVINE sent an 0cer GUY q tne Sour' r0ohh W
TO admit in ordinary. colloquial language
meant narratlon. SO did account. as. for exam
make about this AFFAIR."" Or John, what
is your account OF this transaction?" But
10 the statute the word account meant col
'lecton Of figures and words leading W to
certain result. and so did the word state
used TO explain the other. The expression in
the statute was statement or account. Was
the simple asseveraton on the back Of the tape
the State with a pad-up capital OF 100000 for
the security OF depositors. 10. any proper,
statutory sense q statement OF an account2"
II was the duty OF the officers to make up a
statement or an account OF the banks affairs.
and II was the intent OF the statute to punish
whore such compilation was falsely made and
published.
The officer who had been sent for worcester's
Dictionary returned with Websters. The Gov
ernor did not want that, because he had been
studying Worcesters. Thereupon Webster's
Dictionary was seized by tho Public Prosecu-
tor, and the officer was sent out TO get worces-
ter's. He returned after the lapse OF ten min
utes with the required book. The Governor
utes, while Mr.. Flavel McGes. tho Governors
law Dictionary. The Public Prosecutor was the
FIRST to break the silence. and then there was
At length Mr. McGill said. Perhaps we shall
be able TO trace the words printed on the tape
to the written matter that was handed to the
Can you do so 2" the Judge inquired.
I'VE hope to-" Mr.. Mcaill replied.
Mr.. McGil explained that he expected the
printer who set up the type TO arrive from New
York. and on the arrival OF Mr. John Keller u
AT 10 %oSs IA
ing that were printed on the tape. This he had
preserved with other copy" IN his office, II
the American Advertising Company on Oct. rs.
1873 to be printed on paper measuring tape. on
winch huNtTlSlnK utNlct He utlu u phleul. ne
printed 20. 900 copies. The copy" contained
the word absolute" before the word secu-
rty but he had been Obliged 10 leave it out be;
on yard measure.
This paper" Gov. Bede said. shows no
connection with these defendants. but apart
from that It Is not the substantive thing in the
case. The tape is the thing ayerred by the
State. This piece OF paper is gubble,
mean no reflection by that word. but use II be-
cause II is the word want TO use"
us good, word to use in this case." Mr.
McGll retorted.
This piece OF paper" the Governor con-
tinued is mere machine or instrument
made use Of by the company in order to get tho
tape hut there is another fatal point. This
paper is at variance with the indictment. In
no sense is Ii statement 1t contains no sigma
turr. There is nothing in the nature OF an ac-
count on II. II ought not to be admitted"
Judge Garretson admitted the tape. the piece
OF note paper, and Mrs. Tabees bank book. on
the ground that they should be treated as so
much progress in the case, II being impossible
to determine al this stage what the State might
prove.