The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-06-11
ALL ACQUITTED.
Nobody Is Guilty of Any
thing Up on the
Hill Today.
HENNESSEY'S ALL RIGHT.
Charges Of the Judge in the Two
Cases Now Ended.

press yesterday afternoon, counsel In the
case Of Freeholder Hennessey on trial in
Judge Lippincott's Court for forgery,
were summing up.
Allen McDermott, for the defense care
fully went through the indictments, and
claimed that the Grand Jury exceeded its
jurisdiction, and should be condemned
for it's action in framing an Indictment
against Michael Hennessey for forging
the name of James O'Neil to
enable him to obtain warrants.
He claimed there was no testimony to
show that Freeholder Hennessey had COM
mitted a forgery, and that any Freeholder
has right to take u warrant after sign
ing it, to the County Collector and have
1t cashed, and then turn over the amount
to the person he represented, and to
whom the money was due. There had
show that the county or James
O'Neil had been defrauded To
show forgery the jury must show that
Hennessey signed the name of James
O'Neil on the warrant, and no proof to
that effect has been offered.
There is nothing to show that the James
O'Neil, of 156 Steuben street, is the James
O'Neil whose name is on the warrants
and there are thousands of James O'Neils
in this county and on Steuben streets.
This is a presumption of a Grand Jury to
endeavor to fasten this on this young man
who has often been elected to office and
who has been faithful to his trusts, "and,
gentlemen" Mr.. McDermott concluded,
''you can not find evidence sufficient to
convict him. +"
Prosecutor Winfield said that when the
bill says "No. 1856 Steuben street" it
naturally means this city. The record
shows that Chairman McDonough or
dered these goods, which We're received.
1t is plain to be seen that Hennessey was
the mover in the act. Now Hennessey
may escape conviction for forgery, but he
is guilty of having furnished goods to q
Board of which he is member con-
trary to law.
Counsel went over the evidence to show
that Hennessey received the warrants
and had them cashed by the Collector
Judge Lippincott said he would not
charge the jury until this morning
THE JUDGES CHARGES.
The Judge began his charge when
court opened today, and said:-sThis case.
gentlemen, has received the attention of
the Grand Jury, or else the Indictment
would not have been before you for con-
sideration. The defendants are indicted
for malfeasance in office. They are part
of the Chosen Freeholders of the county,
and as such are responsible for their con-
duct -
After referring to the bills for asphal-
tum and turpentine and their alleged IL
legality the Judge continued:-"The
money apparently found its way to the
hands of Freebooter Hennessey through
a check given by the County Collector.
The warrant given the Collector was
drawn to the order of O'Neil and endorsed
by HenneSSey.
"The Court now asks:-First. was it
false and fraudulent claim in the way Of
found so there can be no verdict against
the defendants; second, if the claim Is
false. did the defendants know it was
fraudulent?
'.You have heard the evidence concern
ing the asphaltum, and it brings the
county in debt. You may leave this out
of the case, for there could scarcely have
been fraud in selling the county at a lower
price than the market prices.
'sAnd right here there may be little
difference in price, but that may not be
fraudulent, for market values vary. If
they had no knowledge of fraud, then
these defendants cannot be held.
intention. The first thing for you to
consider is whether the defendants had q
corrupt knowledge of fraud when the
alleged offence was committed. If you
find the bill true, honest and just bill
then your verdict must be for acquittal. Z
Inc OOuTI tuou Sdlu dUOu1 Vic SftHlC VI
the turpentine bill, and said that both
bills mnst be taken together, and If so
done it would still leave the county So
better off than if market prices were paid.
The Court concluded the charge by in
forming the jurors that they may find
verdict for or against any one or all of the
defendants.
CHARGE IN THE HENNEssEY CASE.
Immediately after the Court charged
the jury in the Freeholders, cases it called
the Jurors in the case of Freeholder Hem
nessey, indicted for forgery.
bills were presented in the name of
O'Neil,n said his Honor, "and warrants
were ordered drawn and given to Hem
nessey, who is charged here with hav-
ing forged O'Neils name. The right
to use fictitious name to defraud is de-
MED and if done would constitute guilt,
and defendant would be guilty of forgery
with attempt to defraud some other per-
son than the ficticiouS person. Il the
defendant made use of the name O'Neu
with intention of defrauding any one he
would be guilty"
The Court then told the jury that IL
must ascertain whether O'Neils name
was that of O'Neil of Steuben street, in
order to learn whether the name used was
fictitious or not. Every reasonable doubt
must be given the defendant and the jury
must be satisfied that fraud was intended
The Court said that IL nctltlOuS name
was used to defraud the county Hennes-
sey would be guilty of forgery A mem-
Der of the Board of Freeholders is pre-
vented from furnishing supplies to the
Board he belongs to.
"The Court has right to ask you
here,n he continued, whether there has
been the slightest evidence that fraud has
been committed, and to tell you,. II you
have not found any, then this defendants
is not guilty"
1t was fifteen minutes past eleven this
morning when Judge Iippincott finished
his charge to the juries in the Free
holders, and Hennessey casey. The court
room was well crowded by politicians
who watched the Court attentiyely While
the charges were being delivered. The
indicted men did not lose a word that was
said and Counsellors McDermott and Nc
Grath looked satisfied and happy
The jury in the Freeholders case were
out about twenty minutes when they re-
turned, and to the great joy of the in
dicted Freeholders rendered verdict OF
not guilty.
nessey brought in a verdict OF acquittal
this morning.