New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-25
10 TRY SQUIRE ON MONDAY
nvvpcr npC1sIoNs ON DEMURRERS.

,xc,Drs THAT IN ONE COUNT |
c.sv OF CONSPIRACY IS MADE oo''
49,. .wrence took his seat in the Court Oh
<.r and Terminer al noon yes.c'u"s 49, .xtousIv |
"a his COUNSEL A. H. Hummei' "o'o 'N, ~, 80 =,
ma ms decision on the demurrers In the cases Vi
e~auhe 'o -" Mr. Flynn not present, but
squ''v Dittenhoefer was there 10 loon ai'oi
,e.s,s District Attorney Fellows arrNco
.',,,s LATER and then Justice Lawrence anhouno1"
~. so.,s,on overriding the demurrefs' lhe maj"
-o,r,s Of the decision are as follows:
win ,,o ARGUMENTS have been heard 10 support OF anu
h 1. ,he demurrers After considering thenl nav
sesus he conclusion that the demurrers must De over
RAJ IN the ground that in the sixteenth count II IN o
,hnrs case conspiracy as the same 10 oenhcu " Z
Nm las OF the Penal Code is made out - to
slaimed that this count does not state any oneno d
80 ~ the law and that therefore the demurers
K sustained 1t Is said that 1t is perfectly proper %
swo or more persons should attempt to procure W
NJ cunt hat any corrupt means resqrted TO- or
soreed TO be resorted in procuring tine 40 read
snc,n,ment OF the defendant Squire 90 nov -, in
The fair construction OF that count Is tnse ~
consideration OF obtaining OF such
soud in effect abdeate his office ana pde when.
- ,ha hands ~ FLYNN In case OF his conhimSIon, ~,
sver the same might demanded ana mas IA ~ make
nen,s in said ONCE without flynns approval IA REQUEST
sueh rco'' s business OF said Office he might III
So, II seems TO me that there is heIe - 90 cor
,v for the peryersion or obstruction "a .' 1t
,s,,iv ~ the due administration OF the as
hv The counsel the deiendants th"t
S,,o2 AK OF the Consolidation Act the oomn , 81
py ses,o" y,Es NAV aupoint Deputy Commissioner VI
prh,ic Works who shall in addition 10 ms o 49, no
possess every power and perform al r sIeneyer 80
o.s law said Commissioner by written autnori'y
sesionang therein period of time not eN'enuns
a. arod ~ three months nor beyond the .erih Vi
1 ,bs said Commissioners Of Public Works during i,C
80, nowor and duty may be exercised ana such I
and authority shall be duly filed In ana e, az, ,d Denuty
80 nouartmant of Public Works ana that inc s~iu
yommissIoner OF public Works shall pos ess ke ~
go q, the absence or disability OF the COihIs ~ s
-, hat ~ must be intended that all that was
was meant by the set forth In the naic'em.
,ha SQUIRE should appoint Flynn as the Deputy ot
e. the section the statute Just reierrcu w. to
think that that the proper OF legitimate nv ur IN
The opinion expressed by the learned cousel or @ no
ant flynn, that the agreement ID p, hare ia no
evidence Of conspiracy, for the reason 'hav . ,ha,
one act which the parties agreed do together anu o
SQUIRE is to do nothing until after Flynn hao ace.
substance and the offence charged Dy lne ~, 10
A. understand IT, is an agreement conspiracy iof t0
=. =, ~ Iaw The learned counsel Tor the
sS0, Sra .so claims that as the conspiracy charged
A. ANYTHING is only msdemeanOr the agreement W -,
nit IL does amount TO q conspiracy uhneI a.
The penal Code unless act besides such asfeo 49,
dona 10 effect the thereof by one or noro Va ~
parties such agreement -. ,o.ouoa Z, 20
IL this a lust critcismf think not because !. ie
.uased as an overt act that Squire In pursuance ana fur
tberance OF the alleged conspiracy between himself anu
Flynn and Thompson and others ala MAKE sppiea'
said Mayor be nominated etc. ana III puIeuasV a. ,
d aEa sign and deliver them the letter "ihch 10 eo'
forth in the Indictment These are overt acts oono ~
pursusnce the alleged agreement In other "oI' e
eonsnracy does consist merely In the written pePoi
which is set forth the letter one OF tne
Acne in pursuance Of the agreement and is also
tbereof am Of opinion therefore that the deehuIa
are sufficiently Informed OF the accusation ses s. ~ -
Intended to be charged by the Indictment ana ea' ~ 80
sufficiently specific both as To the efilHe ~AA'sS ~ "
the constituting It. - -.
district Attorney Fellows said lie would move fof
tbs trial OF the case on Monday at 10 80 a. IN MT.
uummel res ponded that he would be ready a' 'n"'
time and the Judge said he would taAe ho eA' Ao
delay