The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-07-16

MUST STAND TRIAL
Judge Conover Refuses to
Ouash the Indictment
Against Kuser.
EVERY POINT RAISED oyERRuLED
The Court Sets the Case Down for
september-John Null
Inns Ordeal.
EVERY POINT RAISED oyERRULED
Suecsa1 to The Jerseu CITY Neus.

Special to the jersey City Meas.
TRENTON, July 16, 1ss5.-In denying,
yesterday. the application of john l..
Kuser. Otto Heinz, Emil K%raeutler and
| Charles s. Robinson, to have the indict-
ments against them crushed. Judge Con-
over said
Emotions to ouash are by no means
| ex debito justitiae. and there are strong
| considerations of public policy why they
| should not be granted in the higher
grades of crime except for substantial
| reasons, and then only IN cases en-
| tirely clear of doubt. Where the facts
| charged in the Indictment clearly con-
| stitute h crime. the court in which
| the indictment is found has no jurisd.e-
| ton of the offense: where it appears up
| on the face of the Indictment that the
prosecution is barred by statute nmita-
| ton. or where. for any cause. 1t is mani
fest no Judgment can be rendered IN
the Indictment. there is obvious pro-
priety In not putting the defendant TO
| the expense OF a trial.
"But when the exception is purely
| technical. in no wise affecting the merits
of the controversy, there would seem to
be no good reason why the Court should
exercise it's discretionary power in add or
the defendant.
WANT OF Law MAKES NO DIFFER
ENCE.
"The Court is asked to Quash the in
dictments because at the time of the al
legged ofenses as stated therein, there
was no law authorizing the printing in
the German language of the reports.
Assuming that such is the fact, the
Court does not see that it makes any
difference. The Indictment does not
charge the defendants with violating
any claimed law providing for the print
ing of State reports in the German Ian
guage.
1.-THE essence of the crime as charged
in the indictment is the corrupt combi-
nation between the defendants to cheat
and defraud the State and the actual
accomplishment of their purpose, by OBJ
tanning from the State money to which
they were not entitled; and 1t can make
no possible difference whether there was
a statute justifying the Comptroller in
contracting for the printing of these re-
ports in the German or any other Ian
guage. Suppose there was no
law at all for the printing of any reports
in any language. and Notwithstanding
this fact the State Comptroller called for
bids for printing In the English language
certain State reports, thereby, of course,
exceeding his powers, would the fact
that the indictment had alleged that
there was such a law. entitle a band of
conspirators who had done this printing
and thereby cheated the State. to go
scot free?'
THE INDICTMENT is LEGAL.
On the point that the Indictment
charged violation of a law of which there
was no existence, namely, a law author
.zing the printing of State reports in the
German language, Judge Conover said
These essential elements, constituting
the crime OF conspiracy, are all alleged
as follows
First. the corrupt combination of the
four huser. Heinz, Kraeut,
the State of New Jersey; second, their
.nte1tion to cheat and defraud the State
out OF its monies; third, the statement
Of the conspiracy by ausing the state to
pay out large sums OF money in excess
Of the value thereof for printing certain
state reports In the German language,
and greatly in excess of what the state
would have been obliged to pay for the
same If it had not been for this cor
rUpt conspiracy; fourth, and In further
ance Of the conspiracy, the overt acts
of making proposals for this printing
and presenting the same to the State
Comptroller. the corrupt buying off of a
lower bidder by. paying him money to
withdraw the bid. the withdrawal of the
bid thereafter, in order to secure to
h nia alle sne aseaPdanee b By Inc state OF
A COMPLETE TRIAL SHOWN.
Continuing. Judge Conover ,said:-."A
So tRe aDer erims ea 8 an erim.n on e eoa rseaeS
and the averment of anything, no mat
ter what. in furtherance Of it. So it
successfully. argued for. a moment that
the crime of conspiracy is not sufficiently
charged In this indictment, but it comes
an altogetner immatersal and punessentiai
descriptive averment therein, as con-
tanned in the single clause authorized by
me the l aerm Of f i@ang5 Ssgsey i t. i Sc in priHtedd IN n
the defendants counsel that the indict-
ment is bad and should be cuashed
ment. for It is well settled that averments
necessary ingredients in the offense
charged, may be properly rejected as
on the point that the Indictment did
not sufficiently set out in detail the
i Tndge con s,sel0s sail that III the d indscsment
did not set out all that was necessary to
make a charge of conspiracy unless coun-
sci for the defendants took the ground
that those things averred in the indict-
ment did not involve a cheat, but were
aecordant with uprightness and hon
TRIALs TO BEGIN IN SEPTEMBER
He also decided adversely the other
technical points raised. by counsel for
the defendants, and held that terms
.tmost advantageous to the State meant
the lowest responsible biddar.
Judg Beasley took an exception to the
decision OF Judge Conover. and. then
Lawyer Dennis, Of counsel for Charles
S. Robinson, asked for q postponement
of Robinson's trail, on account of the
Inability of Lawyer r. v. hndabury TO
be present at the time already fixed. II
was finally decided to set the trial Of
Kuser. Robinson. Heinz and K~raeutler,
who are Jointly indicted, down for Sep
tember %.
the trial Of John Mullins, the Jersey
City furniture dealer. who was ind: cted
with Barney Ford for crooked transac-
the State House, was postponed until
September 80. Judge Hoffman said his
associate, James Vredenburg, was busy
in another court and he had not had
an opportunity to ever look at this case
as vet. He would be engaged m the
same case several weeks more. and then
It would take counsel two weeks at least
to prepare for trial.
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