The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-08-08
VAN CLEEF FIASCO
jury Acquit Him of the
Charge of Defrauding
the State of New
Jersey.
JUSTICE CoNOVER'S CHARGE
Sales Books Not Admitted as Ey-
Acknowledgements of Counsel
on Both Sides.
CoNOvER'S CHARGE

the time of going to press
yesterday, and from the indications
1t would seem that they will not be able
to agree upon a verdict. The case was
lsmmed up by counsel on both sides, al
4 ter which Judge Conover charged the
Jury on the law in the case. AIT the con
clusion of Judge Conover's charge, NV
Barton withdrew a number OF requeSts
to charge, which he had previously manu-,
ed up. He said he was so we'll satsheu
with the charge that there would pc nc
necessity for charging the jury with the
requests of counsel for the Defendant
The case went to the jury at 2.4o i. M.
Yesterday. and at half-past ten last hish'
several of the jurors who 1--WE In lhe
country and who drive to town. sent Qua
word to have their horses taken care OF
for the night, which would seem TO lnol-
cate that they had failed to agree. ano
that thew would remain out all night.
A the opening of court Judge CohoVeI
announced after carefully consioer1ns
sba admissibility as evidence of the safes
book of Thomas & Wylie.he had cohcluu-
ed that it could not be allowed. Ing
State claimed that the bill for the o'VN
maps printed in 1887 by Thomas q Wyne
was sent to Colonel Van Cleef, anu LIE
book. which contained a letter press
COPY of this bill. they desired 10 put III
as evidence that the bill was sent.
Judge Conover said that the BOOK was
only secondary evidence ana was mol
the best proof of that fact.
Each side was allowed an hour ana d
ha,f in which to sum up the case.
Prosecutor Stockton. who made uhe
opening for the State, was very prlel-
L. Hh0 nOintS OF the
msa as the State claimed to have proved
tbem He said that a conviction would
be asked only on the first count OF the
Indictment. which charged Colonel Van
Cleef with representing that $500 copies
of the map were furnished. whereas TINS
was not so, and by this false representa-
ton he obtained s7G0.
Prosecutor Stockton said that whiie
the money was paid by the State to
MacCreIlish & Quigley and by them to
colonel Van Cleef, yet the State was ue-
fraltded by the false pretenses wh1ch
Colonel Van Cleef made to them.
He said that the crime charged comes
1rnder section III of the crimes act.
HIS DEFENSE.
Mr. Stockton was followed by Mr.. Bar
ION for the defense. Mr.. Barton sale
that his client was entitled to the pre-
sumption of innocence until his guilt was
nroven beyond a reasonable doubt. liz
said that when the State had rested
its case he did not consider it necessary
Xto call any witnesses on behalf of the
defendant because, in his opinion, the
kfate had failed to make out a case
against him. Neither did he con-
f:der it necessary to put the
defendant on the stand to prove
his own innocence, when. until ms
toubt, he is already innocent.
MIR. Barton said that 1t was incumben'
Ipon the State to prove three things
First. that the defendant did obtain the
money from the State for the maps; sec
ond, that the money was obtained
Through false pretenses: and third, ina
it was obtained with fraudulent intent.
Each and every one of these points
must be proved by the State beyond 9
reasonable doubt, failure in any one cd
them compelling a verdict OF acquittal.
MI. Barton said that Colonel Van Cleo
never made any representations to the
State or to any of its agents.
He said that in 1887 Alexander G. Cat
tell. who was then President of the State
Board of ASSESSORS. told j; L. Murph!
a map of the railroads Of New jersey
he also told him that those who printed
the reports should print the maps
Mr.. Murphy then went to Colonel Val
Cleef and asked him how much it woul(
cost to put in the maps. and the bargain
a pure. open business transactlon' wa
then and there made.
This practice was continued down t
NO FALSE PRETENSEs.
AS to the false pretenses which tn
State claims were shown by the receipt
Mr.. Barton said that the receipt wa, dat
ed July 26. 1894, while the bill was datet
-I1lU d 1894 AnV false representation
Mr.. Barton held, must be made at TIL
time of getting the money. and tn
State could not prove it by a pape
bearing a subsequent date.
He said that no relationship existe'
between Colonel Van Cleef and the Stat
did not get all the maps ordered the.
should call MacCrellish&- Quigley to ac
count. III in turn would call upon Col
Captain Holt, in the closing argamen
for the State. followed lr Barton.
ion, as it was that OF. every fair-minde,
man, that the defendant was i%nnoeen
easal he he Is sai 9roY the s sgIasaea snt prf m 5hs
the ~presunnption of innose1ce.
h, said that if the ease coul1 be DE-
cided from & ~syTnpathe y ataripoint h
would ask the jury to acquit WITHIN
leaving, their seats. but II is ~ireufabsn
upon the jury to fulfll the path whicl
Captain Holt said that the defense ha'
not attempted to refute. or contradic
'~ capeain Holt sad SAID that nc coloael VA
Cleef has always had a reputation TO
honesty, and It was the fulfilling of hi
duty to be SO.
He then referred to the making o
the original map. and the furpishin;
of the first lot of e,00O maps Cor $3.50. an
selling them to the State for $3.50.
Captain Holt aid that Colonel Var
Cleef. ordered the maps, and then Mac
through Colonel Van Cleef, who he'll
the copyright, and fixed the price 70
JUDGES CHARGE
Judge Conover charged the jury afte
the noon recess. He said
The Indictment charges the defendan
ycin T. Van Cieef.. with the crime o
false pretepses. The specific offens
charged is that he knowingly, designed.
and falsely represented to the State o
New Jersey and to the treasurer thereof
on July 25. 1894. hat he haS furn.shel
the railroads Of New Jersev; whefeas
in truth and in fact. he did not do Sc
as he well knew, ard by color or mean
of said false pretense the defendant
unlawfeily, knowingly and designed,
obtained fromsthe State 500, with inten
to cheat and defrald the State.
Tae statute of New Jersey. under wfliel
Grand Jury of this county, IS ~sectio,
III of the Revised Statutes. which read
as follows, viz All persons who know
insly and d~signedty, by color or an,
false token, counterfeit letter or writine
or falGe pretense or pretenses, shall OBJ
tain from any person money, wares
merchandise. goods or chatleis, or otne
valuable thing, with intent to cheat 0
defraud ahv person, body polite or cor
porate of thu same shall be guilty of