The evening world., 1894-05-30
The Contention that They Meant Well
Does Not Save the PaSSaic County
Preeh0lderS.
ILLEGAL USE OF The PUBLIC FUNDS.
Had No Right to Contribute $4,000 Towards
Paying for q History of
Paterson.

contributed 5000 of the Passaic County
funds towards paying the expense OF
issuing a centennial history of Paterson.
OF which william Nelson, the former
Clerk Of the Board. and Charles A.
ShrIner are the publishers
-Four Indictments against county OFF,
cials in connection with this transaction
were found, two against George V. DE
Mott. Thomas Howard. Cornelius Quack-
enbush and John c. Roe. members of
the Finance Committee of the Board Of
12s1-92, for voting in March and April
10 pay 81 900 to Nelson and Shriner; one
against Henry Wardle. Cornelius Quack-
enbush, Thomas Howard n Thomas
Risk. members of the Finance Commit
tee OF the Board of 1929, for voting in
May, 1892, to give Nelson and Shriner
5000. and one against ex-Clerk William
Nelson for receiving the money, he being
a county officer at the time. John ii.
Morrow is named in each OF the indict-
ments against the Freeholders. he as di-
rector OF both boards having signed the
bills.
All the accused were tried to-day in
the Court of Oyer and Terminer. before
Judges Dixon and Van H~ovenburg. JOIN
w. Griggs and Eugene Finley appeared
for the accused. Indictments in these
cases were found a year ago. but one
was certified TO the Superior Court for
an opinion as TO its sufiiciency, they
having been dra xn up in the language
of the statute. and did not. it was al
legged by ex-Gov. Bedle, h appeared
for the accused, specifically set forth
the offenses alleged. The prosecutor, in
order to avoid delay, had new indict-
ments drawn, and upon these the trials
to-day o. place.
Eugene Finley moved to quash the in
dictments. on the ground that there was
no criminal intent On the part OF the
Freeholders. and that they acted with
a consciousness of doing right. Ex-
Senator Griggs held that in passing the
act under which the accused were in
dicted the Legislature did not mean to
construe into n crime any act on the
part of the officials that they deemed
an honest discharge of their duties.
Judge Dixon reminded the counsel that
public officials should know that the
giving or receiving of money not law
fully due is a crime;
Mr.. Griggs contended, however. that
the F~reeholders were honest in their
motive. and cited an opinion from the
Supreme Court that II corrupt purpose
~ essential to Indictment. The Free
dictated and they were entitled to the
same immunity as a court where de-
cision was not sustained. Counsellor
Griggs held. in accordance with the de-
cision OF the Supreme Court. that be-
fore conviction of crime can be had
there must be shown In the accused n
mind conscious at the time of wrong
doing. Judge Dixon refused to share
the opinion of Counsellor t,ripva
The testimony indicated that the
origin of the appropriation OF county
funds was n communication from tn.
Citizens Centennial Committee indors-
ing the proposed centennial history.
This communication was read at the
March meeting in 1892 and referred to
further ado, gave Il check for $1,000, and
this performance was repeated Until
5000 had been paid out.
Charles a. Shriner said that Mr.. Mel
son had charge OF the publication. but
refused to undertake the venture unless
Shriner became business manager. The
checks from the county We're received
by Mr.. Shriner. who also received 81, Ooo
from the city. was two years ago.
but the book has not yet made It's APP
p~earance. The estimated cost OF the
publication, Mr.. Shriner said, was Sl5. 900.
Thus far SI.WJ had been expended in
buying plates. a larger number OF
these plates were now in the possession
OF the ~Freeholders. Mr.. .Shrlner said.
StbN VI ubll tulIl
fngs and points of interest In various
parts of the county.
where are the plates to be found?'
inquired the Prosecutor.
They are in the county Jail, ] believe,
replied Mr.. Shriner.
When were they taken there
.be 5nihk YOU d T kno soOS Mr. a ssrIn ago" ,Da,
they were taken there when IL was found
that the Grand Jury was investigating
the Natter
Mr. ghriner'E mapor1. u,,g Jafo,.,.a 80
tnis point 1t was said that the count
o~fhcials intended TO show that they haC
vsi1e In the plates 70. The money pait
20 IDENTIFY the checks paid to Mr.. Shri
ner. When Mr.. Gourley charged thai
mere was no record OF the bills havinI
proceedings of one Of the meetings wa,
produced showing that "a large nupibaI
OF bills. amounting in all 70 81 90. wal
presented, No one was brought for
ward by the defense, however. to prov.
that the centennial book bin was anon
BpEene EmIey. in his summing Up
held that b FreeholderF act provide,
for the expenditure u money for al
DecefsarT charges." and il was for IN,
Ireeholderf 10 ray what were neceEssr,
ehargeE Prosecutor GoSrlry's rotor
war that the money IN Question was no
20 pay e yubbc charge tut 20 bsneh
. prpsts enterprise. This caSe." b
es3d. -~emphsBiZed the neosrsity % hold
~ BABAh - - " F'I' N'|lNtaaT
biity Of their dvty Here Nas a tod.
81 men hs wing S3O.0S ~ the funds Of IA
public nnDsT Their control annual,
Tiny bel1 the key - the pubic treasury
into which they psrmitfEr Az. %rikU0
INC Ny SnrinsT to enter and take uu
E.eD not lawfully nuF them. II tn
condition ~ affairs were permitted pi!
1eT-ns u tbs pIbbc treasury would four
tahF'
Jp1Ee DixoD-F charge to tn Jury va
practically = direction foT conviction. n
mo osf@nRA relative 10 ihe fact mad ore
s@f Rp h OgiE gyDieuby4 being V'
48eEtlOa o. law Ths a"BOu Of ia
fne@holders Jgdgs BtSOH hs!a, VA
clearly tisEEsi. There vas DO cyntrac
b<tNeNn tbs cOunty and the publisher
81 the centennial history. moi even ~
agreement that ths BOO would ever h
Published. and ~ the o never az
peared there was nothing 70 show tha
The county WOuld be- compensated 10
its outlay. The board had q nght 1
epeno money for county purposes only
Tais Was purely q municipal affair an
AZ the city had authority 10 appropnat
money for u. the county certainly hA
none.
n rs expected that the indicted oflciAl
will be Sentenced this week.
So
Gov. WerJ lSsnes Commission
Especial 70 The HOfIo.l
TRENTON. May - -GOr. Nerts this morn