The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-05-09

public officers to defraud the city and
abuse the trust reposed in them by tne
public, it is very important that tney
should be punished; the public protected
from further peculation and scandal; tnat
public justice be vindicated in their per-
sons. 1t is important, if the defendants
are innocent; If they have honestly and
faithfully conducted their Offices. or,
whether faithfully or not, they have been
honest in their motives without CON
spiracy or intentional fraud to the pubnc;
ana with due regard to the pu1hc truse ISL
reposed in them, that they should be
fully vindicated at your hands and at the
hands of the public.
Whether they are guilty of the charge
of conspiracy is q matter of fact for you
as Jurors to determine without fear or Ia
vor. You must not allow your sympa-
apprehension of public criticism on, tne
other, to influence you in the slightest
degree.
"The time is not material so long as it
was within two years of the time OF the
presentation of the Indictment.
"It would matter little what wrong was
done by these defendants as public Off
GERS acting separately and each for HIM
self, if there was no agreement between
them in which they all actively partlcl-
pated.
"They may be guilty of misconduct in
office and not of conspiracy. Conspiracy
stands by itself. Now, conspiracy Is
rarely proved by direct evidence--direct
evidence is rarely possible.
'sIt is generally a secret offense SO far as
the corrupt agreement is concerned, and
therefore the actual fact of conspiracy
may be inferred from circumstance.
GIVING POINTS TO THE JURY.
"You take the reorganization of the
Board in September, 1887, when Mr.. Kern
| ala fad Dpocinor,t VnI1 consider
all the acts of the defendants, such as
voting together, their sayings. and their
doings and combinations. Was 1t a COM
bination for dishonest ends or for the
mere distribution of political patronages
If for the latter, no matter how morally
reprehensible it may have been, IL was
not conspiracy.
st need only be general design to de
fraud if an agreement or combination was
found among these defendants, it must
have been one to defraud the city OF It's
moneys in order to be effective, but it
need not have had in contemplation any
specific fraud.o
He then carefully reviewed the Cook
agreement, the Mailly contract award,
the pay rolls upon which the names OF
Dooley and Smith appear, and told the
| Jury to apply the law to the facts adduced
upon the trial in relation to them.
| He charged that it was not necessary,
| IN Ofuer 10 COuNiCU, ludo ~ S1Ou1u W
| found that the defendants were pecuni-
arily benefited. Nor was it necessary, in
order to convict, that the overt acts
should be considered, beyond their actions
| in regard to them If an act was done by
all or one, intended to effect the object, Of
the guilty completely, it can make no dill
ference whether it succeeded or not.
Now, both upon the onsplesd question N da o.
fraud the city, and upon the question
whether they, or any. of them, in pur..
suance of such conspiracy, did any act
to effect the object of such conspiracy you
have all the principles of law which the
Court deems it necessary for the proper
application of the facts. You are to deter.
mine these facts, their force and weight
And if, beyond a reasonable doubt, you1
find that these defendants, or any two oi
them, entered into a corrupt conspiracy tc
defraud the city, and that they, OF one OF
more of them, did any one of the acts
charged in the Indictment in pursuance
of, and to effect. the object of such cor
rupt conspiracy, you will convict them
If you do not find this you must acqui
i thaT1