New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-06-08
MIR. KELSEY AND THE LAW.
INSTRUCTIONS GIVEN TO THE MERCER
COUNTY GRAND JURY.
JUSTICE GUMMERE INsTRUCTs THE rNvEsTt
GATORS IN REGARD TO THE OFFENCES
CHARGED AGAINST THE NEw-JERsEY
SECRETARY OF STATE.

SECRETARY OF STATE
rBY TELEGRAPH TO THE rRIBuNE.l
Trenton. June 7-There IS little peace OF mind
for Secretary of State Henry c. Kelsey these
days. Yesterday members Of the Legislature
circulated petition calling for his impeach-
ment and to-day the Mercer County Grand
Jury which Is renvestigating the State House
frauds, filed into court and asked for special
instructions from Justice Gummere their Ques-
tions plainly indicating that the Jurors had Mr..
Kelsey's case In mind. Justice Gummere ex-
pounded the law fully on the different points
raised, and the jury returned to their delibera~
tions No indictments were presented, and II -
not expected that any will be handed into court
before next week The full text OF Justice Gum
mere's charge follows:
Having been Informed by the prosecutors that you
desire the Court instruct upon certain matters
criminal responsibility in the discharge thereof. !
have asked your mere sas m boSs
matters regarding which you have requested my ~.
mtted to- me is this is State officer who is in.
trusted with the collection OF state FUNDS ana wno
teriy to the State Controller crminay responsible
for failure TO make such report and pay sucn Iunos
t9 ebarse ln. You upon this subject that II such action
the part Of the State officer Is done WIN iauau
lent intent II is an indictable offence put tnat
il be the result OF an honest misconception OF Ms
duty in that regard It does not subject him 10
The second question OF which you have requested
instruction. as understand IT, Is this: Wme1e n tns
certain sum and an extra allowance s made TO MIN
for cerk nlre is it an ndictable offence ior sucn
officer to appropriate 10 his own use sucn portoa y.
this extra allowance as Is not actually expended IN
the payment Of his clerks? Ny instruction 20 yoo
on this matter s that the right Of Zach 9fiicer 10
appropriate TO his own use such unexpended paaanCS
matter depending on the proper, ,cn aroSaea
such extra allowance. and that unless the meaning
Of the statute De perfectly clear ana uefs Sssncs
70 MS use. knowing that ne mas no iesa risns
do he has not subjscted nmsen 70 S SsmM si
cialy determined hat he had no right 10 keep sucn
unexpended balance and was legally bound to return
The third question upon which you have asked my
trusted with the collection Of funds criminaly
responsible II he converts them 10 his own use pro-
OF the fiscal year sum OF money equal TO tns
Of the funds which he has ,s
~ any person holding office OF trust ana pront
under the authority of this state shall embezzie any
deraud the state he shall be sai,,y sasyy.S OF "a
high 70 ene own S use the
money goods OF another which were intIusted 70
men. that the mere conversion to his own use by
a public officer OF moneys intrusted to his keeping
by Se sae IS by nV an intent to- defrau but that
intent may be proved by circumstantial as well as
exists you should carefully consider all the facts
concerning the conversion. You should remember.
holds in his hands public funds has imposed on
him trust OF the most sacred ehascier ana shas hs
violation OF that trust BY which ne substisutes his his
o% Sh Se fred sae has nTused TO him. and
tSS tSus SUBJECTS the State to the hazard OF loss
i has does not
unless accompanied by fraudulent intent On
isience OF fraudulent intent Is not disgroved
merely by showing that such officer. when ne he ap
tended to repay il before his transportation Of
& had T and had in IN ms to- Sa
money taken. The intention TO appropriate and the
intention to repay at some future tine are y',, Two
conversion OF the States funds must necessarily
Complete before there is possibility OF commencing
the seoni ana whatever may be the purponhe oi
by the statute Is complete when fraudulent inten.
to make m appropriation Of the money one u nrTstes tn
resolution TO make restitution at some future period.
no matter how honestly enterianed Will not re-
lieye him OF criminal responsibility
still further question upon which you have
sk 0S ny @1 % is h. OF s the pTSs MSS
have been acquired by him IN the personal use %, OF
public money intrusred 70 his care l. an iniistabe
gard 10 conversion by public officer Of funds com
mied to his charge July answers this this Sses'Gsn S on
Interest profit thai he has received upon dsp0st
II s'S" Is clear breach Of trust, and II done with
frau iulent intent is indc;able as embe zzlenent
Q'leStlol
l. this: II the evidence produced before your body
shall show that there has be,n \ violation OF the
criminal law in any % the ways 10 when ! have
referred by any II the officers of this STATE fer
what offence should such officer be indicted? Every
public officer who in the discharge OF the duties OF
his Office commits any fraud or breach OF trust. IL
guilty OF official misconduct. and he may be In
dictcd for malfeasance In office; so. TOO. as nave
frludulen converted the moneys o. the State
10 his own use may be indicted for enibezzlement.
In ca Sc the evidence produced before you warrants
The finding OF an indS,msnt N. iotm @ o, & sueh IN
sutatlon with tho prosecutor
Certain Republican politicians here say that
Judging from to-day's developments the proba bill
ity of articles Of impeachment being presented 10
the House OF Assembly against Secretary OF state
Kelsey Monday night IS remote The petition cir
culatel among the members by Assemblymen
skinner of Newark and Drake, OF Jersey City,
calling for a caucus II consider the advisabillty
Of presenting articles Of impeachment, yesterday
was signed in caucus by forty OF the fiftyfour Re-
publican members. but when the news Of the
movement became known about the state House
corridors Mr. Keisey's friends set 10 Intervening
the members and succeeded in inducing twelve OF
the Assemhlymen TO withdraw their sanction or
such a caucus. This leaves the bare necessary
M ioritv on the call for Monday nights caucus.
and II Is understood that two Of these Will ask 10
have their names stricken from the petition
II is reported that Of the fourteen members who
have not signed the call but three were requestei
- do so and refused Those in charge or the
petltlOn are Of the opinion that fve or the ten
members vet 20 be interviewed on the subject will
nromptlv place their names on the petition The
call is signed by Mr.. Storrs. the Republican lead
er who. II might be well to remark In passing, -
also chairman of the caucus and has full power
to call the caucus without a petition.
BtRBERS W4Nr 10 USE THEIR RIZORS
TIE nRooKLYN ASSOCIATION RAISES MONEY 10