The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-07-01
WHITBD SEPULCHRE
The City Hall Monstrosity
Glitters in It's Coat Of
Legal Kalsomine.
INDICTMENTS NoLLE PR0ssED
Prosecutor Thinks 1t Would Be
Useless to Try Them-Jud
Hudspefl's Opinion.


Iaiss.cners, John Pearson, Emil Datz md
James Burke. had already been tried aor
malfeasance IN office In correction 81
the ereetson Of the new City Hall Au
acquitted
Prosecutor Winfield assured the Court
that the Stale had no further evideneo
than had been presented in that aIse
and he thought It useless to try tae m
dictment for conspiracy.
In his opinion Judge Hudspeth said taat
the overt acts specified in the Indictment
were the false certffieation OF payment Of
contractors, the co1nivance by the Csi
missioners and the architect in the suhsti-
tuition by contractors Of work and mater
ials inferior in quality to that required
by the contracts and specifications where
by tire city was defrauded OF large Sums
OF money paid for such substituted nd
inferior work and inferior materials.
In this case the Court has given very
careful and serious consideration of the
application now made by the Prosecutor
to nolIe prosequi this indictment. It
public matter affecting public ofIleals
and public undertaking in which m ny
thousands of dollars have been expended
coming out of the pockets of the taxi -
ers. and in which they, as citizens and
individuals are deeply interested.
The Judge then said that he had pre-
sided at the trial Of the Commissioners
and from the evidence presented i.en
the verdict was a proper one
From the developments upon the trial
Of this Indictment, however, he con-
tinued, .it would appear that there were
matters and circumstances of such a
character in connection with the erection
| Of the New city Han justifying the sus-
picson and criticism of the public gensr-
/ ally, excited in relation te this subject
matter From the developments in tais
trial II would appear that there were
defects in the plans, also in the speeiii-
! cations Alterations were necessary 10
/ correct the defects in the plans ard thnse
alterations affected the structural design
| of the building Changes were mads in
the materials in some particulars, ard
| in others materials were substituted in
/ place of those called for in the specisiea-
tions.
aeFe were also charges n rlattefsa1
detail in connection with the eonstruc-
ton OF this building from time to time.
!; Disputes growing out of these matters
occurred IN the Board Of City Hall Con-
m.ssioners and some OF the contractors
and the architect became involved ia the
controversy The public press took the
/ matter up; public opinion insisted upon
the fullest investigation Of the app aren't
scandal. The result was the Indictment
of the Commissioners for misconduct in
office and the present defendants for con-
spiraey-
Now there was an architect, appar-
r1,r HI III ,,ior,
necessary qualifications for so important
| a position, who made the original plans
ana specifications for the construction Of
this building, and who also made the
| change in the plans / have already refer
red to. He had charge and supervision
Of the construction of the building. Upon
him devolved the duty of certifying to
the fact that the work as it progressed
and the materials furnished from time to
time were in substantial compliance with
the plans and specifications. Without
such certificate contractors or material
men could receive no voluntary payments
If such work was not done and mate
rails were not furnished as required by
the plans and specifications; ii materials
were substituted different to those re-
duired and inferior in quality or Of less
value; If there were omitted work or ma
terials, the query arises how could such
matters occur without the knowledge OF
! the architect? A jury has already passed
upon the liability of the Commissioners.
| is a party defendant under this indict-
! nlent Here he is charged as cc-con-
spirator With the other defendants ia
conspiring to cheat and defraud the May
or and Aldermen of Jersey City In con-
nection with the construction of
tho New City Hall by the
commission Of illegal acts Of the
character i have already alluded To-
The other three defendants have already
been acquitted of the charge of perpe~
trat.ng these acts, and the fact that ftf1ey
are again charged in combinatiop< with
the architect with + conspiracy 70 COM
! NIT substantially the same legal acts
| will not dispose of the question as TO
whether the areass1eeE has been guissy
| have adNerted to. unless, upon the
trial Of this indictment. it should be
proved that the defendant Broome, as
| such architect, conspired wath some un-
/ known person or persons to cheat the
/ city III the commission of the said IL
/ legal acts. Such a result is problematical
TO reach the architect for his acts Of
4 commission or omission as a pubstc Off
cer If any, which were contrary to law,
/ This can be done directly BY indictment
| for misconduct in office
.'It is the right Of the people to have
! the fullest ventilation aDd closest scru-
tiny of the acts ct theiT public servants.
said City Hall Commas sloners were in
dicted and their acts estigated In a
court Of justice, Such Investigation re-
| suited in their exoneration from the
charge of misconduct in office: but the
/ fact stsA remains that the liability Ct
1 the architect. + any, for the matters
which excited pubic apprehension and
i struction OF the New City Hall has not
/ yet been considered. He has not ex-
! planned his conduct in the discharge q q
! the important duties devoivdns upon him
1 as dhpe architect having control and