The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-04-23

eSldDllSn PROOF lnat THESE diIluutitS pau
We're illegal, because by the charter tbs
proposals for these supplies should have
been duly advertised and bids received
Mr.. Winfield went into scores of claims
and the monotony of this class of testt-
mony had a somnolent effect on The
jury and the audience.
JUROR JARVIS MUST EXPLAIN.
While Mr.. Winfield was prodding dill.
gently into the bills of the Supply Com.
PAM Justice Lippincott was ~scannine
an order, which he ultimately signed
to respond yesterday when his name
was called on the roll Of struck jurors
to appear in court on Saturday morn,
ing and show cause why he shall moi
constable took the order and started
out to hunt up Jarvis, who must furnish
a very good explanation, inasmucn as the
Court declared cit had. personal knowl-
edge that Mr.. Jarvis was served"
The tedious examination of the Sup
ply Company's bills vas brought to g
Mr.. Bouton before closing that part OF
twas there any advertisement for pro-
the Jersey city Supply Company"
Now let us get down to the side
with be put a host of questions touch
ing the appointment of Phil E. Null
dozen as Sidewalk Inspector and his sal
airy for the important services he rem
dered the city in that capacity. Up to
December 8. 1891. Muldoon received a
monthly salary of sS3,S IS. but from that
time 20 February, 1884. his salary was
crease was by resolution of the board
voting affirmatively by all the five mem
6s 1srv a af s assi ! Sasr J; vas !; dSpaInts At a
DEFINING THE ISSUE
What has that to do with the charger;
inquired Mr.. Corbin.
simply to inform the jury that these
ap-DOintmeDtS were ilagalb rapliad Mr..
Winfield.
That's not the issue here retorted
specifically that men were appointed at
salaries who performed no services to the
city: now you must show that and moth
ing else"
MIR. Corbin couldn't convince the Court
that a bill of particulars should contain
all the charges.
mo. of course not: but it must con-
form to the issue. My point is it is ir-
relevant to the issue"
Justice Lippincott permitted the tes-
did the board ever define Muldoon's
mo. I think not; but it may by reso-
Ibid he make reports to the board?''
Yes. until l stopped it."
"Wha do you mean by you stonped
it?'" asked Mr.. Winfield. and Mr.. Bou-
around and threatening property owners
with a semblance of anthority was a
bluff and at the. rate things were going
would be exhausted. so he stopped the
reports.
Don't you know that the only money
taken out of that fund was to repair
sidewalks around public buildings?" asked
Mr.. Winfield.
yes"
And for these repairs there is a special
fungi"
And sidewalks around the parks for
which also a special fund is provided
At this point Messrs. Collins and Cor
bin raised the objection that the testi-
mony was entirely irrelevant. The In
dictment was read and a leng discus
sion ensued as to the construction of the
words of the charge of paying Illegal
sums of monies.
what is the use of the indictment Il
part Of the charge? Surprising these acts
are Illegal. they are not included in the
terms of the Indictment and tina" is the
whole case and there is no escape from
it," said Mr.. Corbin.
Mr.. CORBIN's SNAG.
The ingenious point raised by Mr.. Chas.
L. Corbin had the effect of a hastv adj
iournment to permit Justice Lippincott
to look into the Jaw bearing on the sub
iect of indictments. Stripped of its tech
nicalities the point is whether the State
making fraudulent contracts and rur-
chasing supplies at excessive prices. MI.
raid to Patrick Connolly. s4s5 each, for
driving piles in the Heekensack and
was in the act of showing that the work
wss not done by contract. Mr.: Winfield
did not set up that the price paid to Con-
molly was excessive but maintained that
1t was Illegal because proposals for the
work We're not advertised for bids
received. Hence the act of the commits
sioners while contrary to the provision
of Section 159 of the Charter did not fall
under the terms of the CHARGE relating to
sarily prove that a conspiracy existed.
If the Court ruled with Mr.. 1Corbini
that the state must prove excessive
prices in addition to the making Of frau
dulent contracts practically the case for
the people couldn't stand: but after the
adjournment until half past n the
Court rave it's ruling which was against
Justice L:ppincott held the hill Of par
~ticulars served on the defendants con-
tains only sneciic matters to prove the
hut the Jury must have the province of
testing by reason of differences or cir
cumstantia1 proof the charge of con-
TO this ruling. which will operate
PENDANTS counsel carefully noted Al OBJ
the proof offered. because the fact that
the work was done does not prove the
charge in the indictment.
Mr.. Bouton then resumed his ardu-
Gus duty of hunting up bills and tracing
their progress through the books of the
board. Throughout his examination he
and the jury for the admirable manner
in which he has given his testimony.
Even Mr.. Winfield this morning
when corrected as to certain amounts
charged, said
TITS no disgrace to be beaten by a
Clerk like Mr.. Bouton."
All the afternoon. up to the evenings
adjournment, was occupied in going
through the piling bills of Contractor