The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-04-23
CORBIN'S SNAG.
The Defense Gives the Street
and Water Board Prose-
cution a Bad
Set Back.
PHIL MULDOON'S L
Was the Sidewalk Fund Illegally
Used = Very Somnolent
Sessions.

The trial of the eX-Street and Water
Board Commissioners, Dugan, Cook, Mad
den. Somers and Yoe, begun yesterday
morning in the Court of Oyer and Ter
miner, before Justice Lipp.ncott and q
struck jury, continued until evening. The
afternoon proceedings were throughout
exceedingly tame and of a soporifc char
acter. For nearly two hours in the after
noon Clerk George T. Bouton read in his
most monotonous tones the resolutions
pertaining to every contract for repairs
for schools in June. 1898.
Prosecutor Winfield's plan of attacking
the acts of the old board consisted in
showing how much money had been ex-
pended on contracts for this work. He
e~ndeavored to show hat work had been
done outside of contract. and Phil e.
Martin was one of the be~nefic.aries of
the variou transactions.
Messrs. Collins and Corbin protested
that these alleged overt acts did by no
means prove that any conspiracy existed
among the members of the board to de-
fraud the city. The work was properly
lone and paid for.
'And BESIDES" i~nterposed MIR. Collins,
''these acts are not set down in the bill
of particulars furnished by the State to
the defendants, and are consequently IT.
relevant"
The Court ruled the evidence in to show
the general charge of conspiracy. but
allowed counsel an Exception"
sfWell. we will now get down to the
asphalt" said Mr.. Winfield. and at the
outset set up that the asphalt contract
was Illegally divided by the board be-
tween the two bidders. the Trinidad and
Barber Companies. and argued that this
meant that the city was defrauded out
of many thousands of dollars in paying
for work done by the highest instead
of the lowest bidder.
DIGGING INTO ASPHALT.
The Prosecutor opened this part of his
proof by asking Clerk Bouton to read
from his minutes the resolution ordering
the advertising for proposals and the
awarding of the bids for 5000 square
yards Of asphalt paving, to be paid out
of the special license fund for 1923.
Hold on a minute" interrupted Mr..
Corbin when Mr.. Bouton was about to
rattle off in his official rapid style the
bids. II wish Your. Honor to object to
all this: It is entirely impairment"
What is the question:" asked the
Court
Simply whether his kind of proof now
about to be submitted is within the in
dictment. On the face of the Indictment
this matter is irrelevant. 1t must relate
to the charge that monies were paid
Illegally"
1T is not necessary to show that
monies were paid" ~interposed the Court.
: 81 beg your pardon" quickly returned
49, sserb.n, but it is" and insisted that
the indictment, which made a general
charge of conspiracy, should specify
-four things which constituted the con-
spiracy. These are:-First, a purchase of
supplies. an employment of labor, or a
payment of salaries. or a p%retenee that
money is due. None of these alleged
overt acts will cover the charge.
Mr.. Winfield managed to get through
his point, and directed Mr.. Bouton to
continue reading the minutes as to the
awards of asphalt. By them it appeared
that the Barber people bid s2.S5 per yard
If laid on Belgian blocks, and $3.25 per
yard on concrete. Their competitors, the
Trinidad Company, bid 500 per yard on
Belgian blocks. and s2.D on concrete.
The board, finding after a careful inves-
tigation and analysis of samples, that
the Barber people had considerable ex-
perience IN laying the asphalt, n the
Trinidad Company ignorant as to laying,
but capable in refining the asphalt, they
wide the contract. The prices were
advantageous to the city, the resolution
read, and it was advisable to award the
THE PRosEcTToR's BOOMERANG.
Was this resolution approved by the
M aNo. sir aSke Replied M5i w Nh. Bouton; ~the
Acting Mayor, Mr.. Reuben Simpson, did
thinking that the reason for refusal on
%ho n ort of tho Aa4.70 Moyyrr un11I ~
plain Damaging reasons against the de-
Mr.. simpsons communication coincided
with the Commissioners views, and did
not disapprove of the resolution, but said
he would allow it to lie over and take
effect nS5l without eb7srLl his s Mg 9Ore;n sm,,,nv =
the Commissioners, who sat behind him;
1--WE didn't need that letter, but since he
wanted Ges,I i read; 81 rlght-" ,aaN
Now for the sidewalks" said Mr.. Win
field, signing to Mr.. Bouton to reopen
"Mr. Bouton. when was Mr.. Phil Null
door appointed Sidewalk Inspectors"
asked the Prosecutor: but Mr.. Bouton
had left.
The records containing the report of
sidewalk matters in the office and a his
tory of Mr.. Muldoon's experience in tina
position was reserved until this morn
Mr.. Winfield took up the contracts of
P. O'Connor for connecting sewers with
school NO. "A. Resolutions approving of
the payment of three sums of SS75 to
O'Connor were read. when Mr.. Winfield
asked if the work had been done by duly
advertised proposals.
This brought Mr.. COrbin to his feet,
and laid down that under the Indictment
It was not competent to show that the
work was lone without due advertise
term conspiracy. It's only relevancy was
whether or not it was lawful.
Mr.. Corbin, in a careful argument,
contended that under certain circum-
stances the city, officials lave power to
do work without advertising, and cited
as an instance the indictment, OF certain
Brooklyn officials for neglecting to adj
noses to submit summed up Mr.. Cor
bin, IFS moi relevant in support of the
Indictment, and it has not been shown
that any contract under the charter was
either made by these defendants or that
ii will show it if you win give me
time replied Mr.. Winfield.
Mr.. Corbin's objections were carefully
noted, and the usual exceptions were al
The Court then adjourned until ten
THIS MORNINGS PROCEEDINGS.
The jury were in their places at the
hour for the opening of court; but JUS
tice Jippincott remained in his cham
bers reviewing the testimony of yester-
day. The defendants were on hand with
their counsel, and Prosecutor Winfield
had his papers ready to resume the ex-
When at half past ten o'clock the Court
took his seat and signed to Mt. VIM
field to proceed, Mr.. Bouton turned over
his books to the accounts of the Jersey