The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-12-15
PAYROLLS WERE FALSE
Sensational Disclosures in
Chaneery Suit to Restrain
a Company.

A great deal of sensational matter
cropped out at today's hearing OF the
application of Contractor joan Horie Of
Brooklyn to Vice Chancellor Emery to
restrain the Hydraulic Construction Com
pany from removing their books out Of
the State of New Jersey. Horie says
the company owes him 81, 100 on his con-
tract. On the other hand the company
alleges that Horie eadded the payrolls Of
the company defraudhlg them of at least
several thousands of dollars. and for
which act charged Horie was indicted In
New York. and held under bonds for trial
next week.
Today Contractor Horie, through his
counsel, Senator w. D. Daily, asked the
Vice-Chancellor to compel the company
to bring its books into court and make
an accounting.
The Hydraulic Construction Company IS
connected, 1t IS alleged. with the East
Jersey Water Company, and was FORMED
to lay a steel Inc Of pipe to run from
Arlington, N. j., to Bayonne. The pipe
was to be eight miles in length. and
through it the East Jersey Water Conn
pany will supply Peuuannock water TO
Bayonne. which has hitherto been sup
Piled with Passaic water from Jersey
City's station at Belleville.
The company engaged Contractor Hor.e
to superintend the work, employ horses
and engage men and material for the
work of excavation. He was also to
submit payrolls fortnightly and accounts
Of material and supplies purchased.
"The said John Horie.s, the answer of
the Construction Company sets up,
William g. Clark and William e. Turn
bull of Brooklyn, entered into a consp.r-
acy to defraud the company ny false
payrolls- A large number of Italian la
borers We're placed on the payrclls when
no such number as was represented We're
employed, and every fortnight large sums
OF money were thus frauduiently obtained
By reason OF this discovery, Counsellor
William II. Ccrbin, for the Construction
Company, said today in his argument to
issued a writ Of attachment for a part of
the one thus appropriated and made a
criminal complaint against Horie and his
associates who were indicted in New York
and are now out on bail awaiting trial.
The total amount of payrolls so manipu-
lated, counsel said, amounted to $50, 295. 43,
and the frauds amounted to $1,000 Or
5000.
Summing up counsel said that the com
pany to protect itself had attached Horie's
property, and commended hat Horie could
sue in another court for his claim. which
they assert does mot amount to about
5000. but has been appraised to- he only
$726.40
Senator DAILY, in reply. said that the
Hydraulic Construction Company had no
legal right TO attach Contractor Horie's
property. consisting Of twelve horses.
harness, wagons, trucks and other goods,
and remove them from the State of New
Jersey and continue to use them. Coun-
sci insisted that his client did not pad the
payrolls and could not accurately estimate
his account with the company because
that corporation den. ed him access to the
books, which had been removed.
Where are the books?" asked the Vice
Chancellor.
The Court was informed that the Dis
trict Attorney of New York had impound-
ed them TO use in the criminal trial of
Horie, Clark & Trumbull.
Were the books taken out of New Jer-
sey before the restraining order was is
sued2' asked the Court.
Counsel replied that some of them were.
w~hereupon the Court Replied
THE Court oanno force books out of
the possession of other courts where they
are held for a specific purpose. The books
were uniawfully taken, but are lawfully
held"
What would your Honor suggest for
my clients relfefg, asked Senator DAILY.
The Vice Chancellor advised counsel to
apply under Section No. ISL of the Practice
Act, for leave to copy the books and docu-
ments in possession, and if leave is re-
fused the Court will take the allegations
in Mr.. Horie's bin as true. In the mean
time the restraining order win remain N
Construction Company must not remove
or dispose Of their property in New Jer-
sey. The Injunction was therefore not
granted.