The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-11
[BY TELEGRAPH TO THE HERALD. I

DEFENCE.
BY TELEGRAPH TO THE HERALD
BELvIDERE, Jan. 10, 1879.
In the court house here. this morning, was re-
sumed the trial of Simon A. Cummins, Edwin G..
Bulgin, John n Owens and Charles S. Strader.
an indictment charging them with. conspiracy.
Cummins Collector OF this (Warren) county from
May. 1877, to lay. 1875 having. it is openly
averred on all sides here paid $1,000 to get the Office.
of which the annual salary is about $780, Bugin
was Cummns' clerk. Owens was attorney to the
Board Of Freeholders, and Strader director Of
the Board during the time that Cummins was County
Collector The charge made by the prosecution is
that these defendants. with John ". Dean and John
v. Madison jointly indicted but not proceeded
against, divided between themselves, in November.
1877, $5,2ls, the principal and interest of FIVE
thousand dollar note which had been given to David
Mxsell and paid off by previous county collector
The name was changed to Daniel Mitchell. when
Cummns again took it proper voucher, and the
proceeds divided among the six. Not having
money enough to so round. Collector Cumnins
hunted up some county bonds Of q late issue and
divided them among the six public guardians, himself
included.
TURNING STATES EVIDENCE.
John ". Dean, who has turned States evidence,
was the first witness called by the prosecution. He
swore that the division was made in room in the
Warren House, in Belvidere; the proceeds were
divided equally among the six; all the participants
were present except Cummns at the time of the
division, and two-sixths Of the 'divvy given
Bulgin with the understanding that onesixth for
CumInins each participant got part bonds and part
money; the change in the name from David Mixsel
to Daniel Mitchell had been previously made by DIR.
Madison. The transaction took place November 16,
1877. after O'Clock in the evening The witness
acted in the capacity Of host and invited the
them he had 5000 note, and after tea tea
they would meet with the Collector and see
if he could cash it. When these investigations
commenced the other participants reimbursed Col
lector Cummns, in consideration Of which that
official did present the note to the present Board
a county voucher. but agreed to file it away for
ever.
John " Madison was the first witness called at the
afternoon session. He testified that in the fall Of
1877 ne had conversation with Collector Cummins
in regard to cashing the notes it understood that
PENDANT Strader about it, Srader afterward said that
the County Collector would pay the note; had
frequent conversations with Dean and Strader
about it; the witness and Dean selected the note
from number Of paid country notes in witness
possession: after the IN the note altered
Dean took it for the purpose Of getting it cashed;
it was understood that the proceeds were to be
divided between Mattison. Dean, Strader Cummins
and Bulgin; the witness knew nothing Of the d.
vision but received 1888 his share from DEAN he
found some fault with Dean at receiving one-sxh
stead of one-hfth; Dean and Strader explained that
it was considered advisable to take in another part
ner.
THE Cross ExA ANIMATION.
On cross-examination the witness stated tina. all
alterations were made by Dean; Dean had sworn
that Madison helped him alter it, he laughingy de-
scribed it very bungling job that when the ex
posures came the witness fed to New York and re-
manned there until found by Pinkerton; he was
brought back locked up, broke Jail and was
caught again; he had prospects Of mitination Of
sentence
TIE HANDWRITING IDENTIFIED.
william L. Osmun. teller in the Hacketstown
Bank, identified the handwriting of Collector Cum
minis in his stub book of checks. On the inside Of
one of the covers Cummins had made memoranda of
the payment of this note
The prosecution at this point offered numerous
books and documents in evidence and rested.
THE LINE OF THE DEFENCE.
Then there universal putting OF heads together
in the audience and whispering that the State had
made strong ease, while the quartet counsel for the
defence put their heads together and fixed upon the
plan OF action. Counsellor Shipman explained the
plan after II maturcd He called attention to the
characters OF Dean and Nattson the prnci
pal accusers and said he expected to prove that they
had Led throughout.
POSITIVE pESL.Is.
witness and professionally attorney. He testified
that he bought 500 worth of bonds from Dean and
used: them to pay debt which he owed; he was
not in any room in the Warren House on
the night in question: he characterized Deans
testimony in regard to himself entirely false;
the Building Committee met on that date. and he was
with them attorney Mt the Warren House; he re-
membered seeing each of the other defendants.
The cross-examination failed to shake his testi-
mony.
George Owens, brother to the former witness tes-
tilted that he loaned his brother $3.50 in November.
The Court was then adjourned until Monday