The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-18
JUDGE NELSON'S SENTENCE.
THE CONVICTED COMMISSIONERS IN
BROOKLYN ARE FINED.
The Speeches OF Mes'rs. FInherty md Bennett
-How the -Four Jurymen who Favored Ac-
quIttaI were Won over TO the Other side.

The Speeches OF Mcssrs. Flnhcrty ana Bennett
-uow the Four Jurymen who Favored Ac-
quIttaI were Won over TO the Other side.
The conviction Of Messrs. John w. Fla
hcrty and George c. Bennett, Commissioners Of
City Works. in the BROOKLYN City Court. under
nm indictment for conspiracy to dcfraud the
city out Of $4,000 by maintaining upon the
city's pay rolls n number OF sinecurists. caused
n sensation among the Brooklyn politicians
yesterday. Tho conviction was n surprise to
the prosecution rs we'll as to the defendants, ms
the former counted only on a disagreement
with majority OF the jurors in favor OF convic-
ton. while the latter confidently claimed that
the jury would vindcate them by acquital.
The jury stood eight for conviction and four
for acquttal when they first retired. as was re-
ported in THE SUN on tho following morning.
The jurors who favored acduittal were Messrs.
Woodhouse. Munkitrick. Wilmer. and Duffy.
and they were persuaded with much difficulty
10 vote for conviction, Messrs Munkittrrk and
Duffy at length yielded. and voted for cony,r-
tion. The other two named were nvrrSe To
voting for conviction because OF the severe
punishment which might Ice inflicted on the de-
PENDANTS. and, accordingly. the jury went into
court with a question us To- the punishment.
The Judge told them that they had nothing to
do with the punishnent. On returning To their
deliberations Juror Wilmer voted Tor convic-
ton. and Juror Woodhouse. being loft alone.
resisted tho arguments Of his associates for
some time, but at length yielded ANA voted with
the others.
In The City Court Yesterday morning Mr.
Ira Sharcr. senior counsel for the defendants.
made n motion u set aside the verdict on the
ground OF irrcEularity. Mr.. Shnlcr submitted
an AFFIDAVIT reciting that on May ?. Judge Nell
son, ON receipt OF an anonymous letter which
had been sent to the counsel Tor the prosrcu-
ing between son OF Mr.. George {. Bennett and
Juror Wilmer w to the time Of the trial. called
the Juror into pryale room. ami IN the pres
cnce Of the counsel questioned him about the
handwriting In the letter The counsel claimed
that 10y reason Of these facts the juror was I'M
duly Influenced.
Judge Nelson denied tho motion, and order
ed the paper TO be- put on file.
Gen. Trncy said In moving for sentence. TINT
III" prosecution wuR designed 10 teach public
officers that the illegnl and deliberate squnn-
dertng OF the public moneys with which they
are intrusted. Tor the accomplishment OF ppliti-
cal ends. is a crime. for which they are liable to
Indictment md conviction. II was the first il-
stance in Kings County where officials had
been convicted Tor using public moneys cor
ruptly for political ends. The prosecution ask
ed for no undue or extreme punishmcnt.
Assistant District Attorney Weinberg said
that the District Attorney hid not wish that any
punishment should be imposed which would
eend the defendants To- the peniteutinry.
Mcssrs. Flah-rty and Bennett then nrosn for
sentence. Th,t seemed much excited. Judge
Nelson began to address them. but he was in
tcrrupted by Gen. Tracy. who said that he I'M
something. Mr. Flaherty. speaking first said:
i. Tor myself, am, not conscious OF having;
City Works. been guilty OF any violation OF
duty. II have committed errors. they have
! been errors OF the head. rather Than OF the
heart. / tried. since entered Office. 10 10 my
duty tn the city. and. Notwithstanding the result
Of this trinl still think | have done my duty
think that the affairs Of thHt department have
improved somewhat boy my accession To II,
Mr. Bennet;. qnoling q line from the Mer;;
| dread. doing no wrong II committed an
error in the manner of making appointments.
have only 10 say that found the method in
vogue when went nt/,he Board With ref
erence To placing men on the pay-rols VINO
were to do no work. affirm never dfany;
thing Of the kind. never appointed. or aided
in appointing. n man who had not 10 work Tor
the wages he received. say also. constantly
acted for the hest interests Il tho city. never
voted 10 award u contract TO anybody Tut the
lowest bidder. There Is not man who can say
that expressed n sinister purpose rs an ON !;
the city ii "a much better condition than We
found them. believe that the revenue has
been largely increased. and l. MS an official.
have nothing to regret for what have done
Judge Nelson then sentenr ed each OF the de-
PENDANTS 70 pay line OF $500. Mr.. ShaiIer said
that the defendants desired TINT a stay should
be granted upon the judgment that they might
get writ OF error. There was no design on
offices after the Judgment The stay was then
granted and the court adjourned.
The conviction works an Immediate vacancy
OF the Offices which the Commissioners held.
! Their terms, however. expired on Mny !. and
they Were subject TO removal at any time by the
confirmation 10y the Aldermen OF the Mayors
nominations for their positions. IL Is a dis
puted legal point rs 10 whether President Fred
| erick Massey, VINO IL lett alone IN the Board.
can perform the duties OF the entire Commits
sion but IL H. expected that any difficulty In
this respect will be- avoided by the speedy PMS
sage Of the one-headrd Commission bin hy tho
LEGISLATURE Mr.. Massey. however while not
having the right 20 remove OH 'iuls In the de-
partmeut is said to have the right to suspend
officials. which right u number OF men in that
/ department fear that he will exercise on Non
/ day.
There nre Indictments for alleged felony
against Mcssrs FHherty and Bennett and
/ against NJ lchael j. Dady. Superintendent OF
| Sewers. who il also under indictment for CON
/ spiracy. There Is a tacit understanding. how
| ever. that these indictments are not to be
| pressed.