The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-10-17
In MULLINS FAVOR,
Judge Woodruff's Ruling
On the Argument to ADJ
nit Secondary
Evidence.
MUTILATON OF BOOKS IMMATERlAL
Defendants Refusal to Produce
the Books Upheld by the
Court-The Testimony.

City in Trenton yesterday. fcr cohsp4iaeS
to defraud the State, resolved itself lhto
a spirited legal. battle for the possession
of the famous books of Mr.. Mullins con-
tanning the record of transacuons
brought to. light by the Senate Invest
eating Committee.
After the noon recess Captain Holt saao
that the State had served a subpoena az
duces tecum, and they now calico ioi
the books and papers,.
John Mullins, the defendant, was called
to the witness stand by the State. ne
acknowledged service of the subpoena
and when he was asked if the BOOKS
and papers called for were in court, MI.
Vredenburgh, Of counsel for Mr.. MuIllns'
objected, and stated that If the Spale
would specify what they needed, the de-
PENDANT would answer.
Then followed a warm discussion over
the question of producing the books, Mr.
Holt asking for different books, whlch
the witness said were not in court.
MI. Beasley. one of Mr.. MuMlnsc oun-
sci. insisted that the State must not go
back of May, 1899. The indictment sets
I'm that a conspiracy was entered into
by Mullins and Ford in 1890. The statute
of Limitations covers THAT point. We
Wdll " hnOH II CtC 0OOho -A
were before the Senate Committee. The
act creating that committee says that
no nswer made by a witness before
that committee can be used against him
at a subsequent trial in criminal pro
ceedings. All testimony prior to May,
1898, is barred by the statute of limita-
ton. The defendant is here to answer
the allegation of the Indictment and
nothing else. We say tina Mr.. Mullins
books were his answers before the COM
mittee and they cannot be brought
against him now.
POINT FOR THE DEFENSE.
Mr.. Holt then asked Mr.. Mullins
srWill you produce the books?"
Mr.. Mullins:-"By advice of counsel.
no."
Mr.. Holt asked the Court to direct
the witness to produce the books if in
court: if not, to have them here this
morning. Gfa
The court held that under the law of
1896 and other good practice, the defend
a m is not bound to produce the books
under that subpoena. The Court cannot
require a witness ito testify against him
self.
BARNEY WAS INPATIENT
The next witness called was Eugene
Murphy, who lives in Jersey City, and
Is engageGin owning training race horlses.s
He was formerly bookkeeper for Mullins
& Co. He was there for ~sevenyears,
until the day after election, 1899, when
he was discharged by Mr.. Mullins. The
firm consisted of John Mullins and
Daniel Nloriarty and lea largely in
furniture and carpets, having large
stores in Jersey City, Newark, Paterson
and Brooklyn. In August, 1899, Mr.. Null
Inns had said to witness that Barney is
getting impatient and wants his 'divvy';
figure up his account" Mullins had told
him of the arrangement by which Ford
was entitled to 10 per cent. on the amount
of bills received from the State in 1890.
The statement was objected to on the
ground that the conspiracy could not be
proved in 1890.
The Court overruled the objection, and
the witness continued:-"Mullips came
in the store in November, 1890, and asked
how much was due Ford; that Ford was
entitled to 10 per cent. on the amount
paid by the State. The understanding
lasted as long as 1 was with Them"
Mr.. Stockton asked what books the ac-
counts of the State was kept in.
Mr.. v-redenburgh retorted that the books
themselves would be the best evidence.
Mr.. Stockton replied that all the power
of the State had been used to bring the
books, and Mr.. Mullins, by advice of
counsel, had refused to produce them.
QUESTION OF EVIDENCE.
Mr.. Stockton said that the question
of secondary evidence might just as
well be argued and settled at that
point.
Mr.. Vredenburgh argued that inasmuch
as the law referred TO would not permit
testimony given by Mullins to be used
against him.. neither could secondary
evidence of the contents of his books be
used. You cannot give secondary EVIL
eence of that of which you cannot give
primary evidence"
Mr.. Holt disclaimed any desire on the
part of the State to. introduce. any evil
dence that was unfair and insisted that
while Mr.. Mullins is under no obligation
to to produce pro ssn the be co 809sS II to eo giTs e Sfda g
to eliminate himself, he is seeking to
shield himself behind the statute
which. under proper construction. does
Judge HOFFMAN said:-"Mr. Mullins
cannot be forced before this court to tes-
tify against himself il he had not been
before the Investigating Committee. He
was s-ubpoenaed and answered any CUES
ton put to him. The books We're There
them. What was brought out before
the committee was nothing but the adj
mission or Mf. NllrInS, Wulelnef Il c5diS
law say he shall ne protected. This
witness (referring to Murphy cannot
say a word that Mr.. Mullins said before
the committee. That is just as clear as
that what Mr.. Mullins said cannot be
given by this witness.
Mr.. Stockton thought the question a
simple one. The only privilege given the
defense is by the statute: that should be
construed strictly. The language of it is
before the Investigating Committee shall
be used against hin Is a book account
an answer to a question propqunded hy
a Senator or a aWyer. Counsel atteTnDLa
to curtail the administration of Justice
by the operation of a statute that should
be strictly construed. The statute, must
be construed to mean the very words
uttered by his mouth.
Judge Beasiey argued that the statute
covered the books as well as the uttered
At this point Judge Woodruff said thai
he was quite clear as to how far the
statute would protect a witness and thai
the court would rule upon the question
this morning.
Court then adjourned.
SECONDARY EVIDENCE BARRED
The trial was resumed in the Mercer
County Court this morning. Judge
admissibiiity of secondary evidence. said
cat the adjournment OF the court yes.
terday a question was raised by counses
for the Court to pass upon. which the
Court will do at this time. The defen-
dant has beeen asked to produce his
been served upon him to produce them
Under the advice of counsel he has re.
fused to do SO.
Counsel for the defense have c~lairnet
on the ground that the books. papers
ETC.. embraced in the call have been be