Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-09-13
NO INTENT TO STEAL.
The Jury Instructed to Acquit Alle-
gheny City officials.
END OF THg FRONT OFFICE FUND.
Sentences Are Passed Upon a Number Of
Minor Offenders
THE NEWS OF THE COUNTY COURTS

John r Murphy, John Glenn, Frank
Donaldson, Henry Kornman and Samuel
Mcclure, charged with embezzlement, were
tried before Judge McClung and acquitted
yesterday. The costs were placed on the
prosecutor, John McKirdy.
The charges grew out of the use by the
defendants of the so-called ''front Office
fund" District Attorney Burleigh wa.
assisted by d. f. Patterson, while
j. Scott Ferguson and City Solicitor
Elphinstone defended the accused. The
latter made personal statement as to why
he appeared, saying it was under instruc-
tion of the Finance Committee of Ale
gheny, but he asked Mr.. Patterson to say
whether his presence on the side of the de-
fense would in any way jeopardize the case
of the Commonwealth. Mr.. Patterson said
he had no objection and the case was pro-
ceeded with.
Mr.. Patterson opened the case. saying
that the defendants constituted the front
office force in Allegheny. Previous to 1888
they were entitled to fees and the funds
were equally divided among the force. In
1888 an ordinance was passed fixing their
salaries, and no fees we're allowed under it.
But the habit of collecting and dividing the
fees went on and these defendants continued
to divide it
Comfy Controller Grier T s.in
County Controller Grier was called first.
He described the manner in which the
officers obtained the warrants for commit
ments during the administrations of Mayors
Pearson and Wyman. The warrants were
alv avs made out in the name of the Mayor
but collected for the treasurer by some of
the force. No sucn warrants are issued to
the 1orce of either city. None have been
issued to Allegheny officials since last fall.
The ordinance passed in 1888 required
all city officials to pay into the city treas
ury all moneys collected at least every 30
days. 1t was offered in evidence and the
Commonwealth rested
Mr. Eiphinstone oDened for the defense,
saying that some recent prosecutions in AL
legheny had been proper, but the present
case was certainly improper. The act of
these defendants, said he, twas in pursu-
ance of a custom which had been carried on
Tor 20 wears. Our defense is that this
money was used in good faith. The intent
is the essence of the crime in this case, and
when we show the intent was honest, the
crime fails
james Hunter was the first witness for
the defense. He said he had been q MEN,
Der of Councils for IA years He started to
tell why the ordinance of 1888 was passed
when an argument arose over the relevancy
Of the testimony An objection was made
on the ground that the defense was trying
to show that the ordinance meant something
else than what was indicated BY its plain
reading. Judge McClung sustained the OBJ
lection, saving that the ordinance could not
have two meanings. IF you show me that
these men were told by Allegheny city to
take the money, all right" said he.
Gh~ Ordinance Had Been Repealed.
Mr.. Ferguson-We can't do that, hut this
ordinance, so tar as it relates to the fees, has
been repealed.
Mr.. Patterson argued that it was an un-
heard of thing to attempt to change the
plain meaning of an act or ordinance by
some verbal explanation
The objection was sustained. 1t was
then proposed to show that when the
ordinance was prepared in its present
shape, the defendants applied to the COM
mittee TO ascertain if this ordinance in
cluded fees received from the county, and
were told that it only included those paid
them by the city. This offer was also OBJ
jected to and the objection sustained.
The offer was renewed in a different
shape and again ruled out, after which the
witness was Withdrawn.
John Glenn was then called and occupied
the stand until after the noon recess. He
remembered the passage of the salary ordi-
nance, prior to which they were paid 50
and fees. After the passage of the ordi-
nance they received fees only on county
cases, workhouse and Jail commitments.
These fees were collected monthly and
placed in a common fund, which was used
for stationery, kilograms, attorneys fees
and for sending officers for men out of the
city. There was no secret about the matter
All the city officials knew the money was
collected and used in this manner.
Chief Murphy was called and his testi-
mony was substantially the same as that of
Mr.. Glenn.
Ex-Chief of Police Samuel Long testified
that this custom had been in vogue in 1864
and 1865.
Instructed tho Jury to Acquit.
Mr.. Ferguson then put the ordinance
passed in February 1892 in evil
dence for the purpose of showing
that the officers were entitled to the
costs and to show the construction
placed on this right by City Councils. This
closed the testimony. Mr.. Ferguson asked
the Court to instruct the jury that the ver-