Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1898-12-08

aauiter. or rail- 10 pay over the same
when theTeunto legally required by
the state, county or township treasurer
OF other proper officer or person author-
lied To demand and receive the same
every such act shall be deemed and ad-
judged 10 be AN embezzlement OF so
much OF the said money as shall be
thus taken. converted. invested, used or
unacCounted for. which Is hereby de-
clared a mIsdemeanor. and every such
officer and every person or persons
whomsoever aiding or abetting or De
ing in any way accessory to said act
and being thereof convicted, shall be
sentenced TO an imprisonment not eN-
ceeding five years" Act of March 81.
1860. section Go.
STATE MONEY. FOR PRIVATE USE.
The indictments charge that the de-
PENDANTS unlawfully and falsely did
combine and agree together by mali
cious means TO use. and did use, to
make profit. large sums of the public
moneys of the commonwealth. The de-
murrers admit all of these facts to be
true. but contend that they violate no
law.
These are three distinct violations OF
lllt law II II NbuAtllhtA bN NlAt NNASAAN-
ants that when the money was de-
posted in the Peoples bank it ceased to
be public money. and therefore there
could be no conspiracy to use public
money. If it be conceded that it ceased
to be public money it is not apparent
how this can make the indictment de-
fective. or make the acts of the defend
ants lawful which before were unlaw-
ftl and a criminal cOnSDiraCy.
a conspiracy to steal or appropriate
or to use for private gain the public
money is fruitless so long as 1t is in
the treasury, or so long as it is under
the control of the treasurer. Its re-
moval from the treasury and control Of
the treasurer is necessary for the sue
cess of the conspiracy. The deposit
ing of the money in a bank as a de-
pOsit may be the crowning act of the
conspiracy, which makes ii successful.
1t may be the means by which the
crime was committed, the means by
which the public money was used for
private gain, and for purposes not
authorized by law.
1t is true that as between bank and
depositor the property in money de-
posted passes the bank. and from de-
positor upon deposits made. but as re-
spects parties to a criminal conspiracy,
who use the lawful transaction of a de-
posit as a means to crime. their GRIM
inal intent will follow the money de-
posted and their fraud taint an other
wise lawful act. Besides, the conspira-
cy may be complete while the money is
in the treasury, and it's transfer by
deposit can then have no effect to legal
ize the conspiracy.
It surely win not be seriously con-
tended that If the treasurer conspires
with others to convert to their own
use the public money for private gain,
and they employ every means to do so,
and that every element of conspiracy
is complete up to the time of deposit
in a bank. that the deposit annihilates
the conspiracy and makes the unlawful
acts lawful and prevents the punish
ment of a completed successful con-
spiracy.
Bill 331 charges conspiracy with the
various treasurers since 1883. It, how
ever, also charges a conspiracy with
| Treasurer Haywood, and is, therefore,
good as against him and the other de-
PENDANTS. So far as the other treas
urers are concerned, it is a matter of
evidence. The court has no authority
| to declare upon a demurrer that a
,harge is impossible, as argued by de-
PENDANTS counsel. 1t might very well
| be that a conspiracy was entered into
| in 1888 to continuously use the pubic
money. which was completed in 1898.
1t is argued that the means by which
| the conspiracy was committed must be
pleaded Not so, however, in indict-
ments charging an unexpected conspir-
acy as in one of the counts here; for
| the conspiracy may have gone no far
| ther than the mere combination. And
not so in executed conspiracies, where
the unlawful act complained of is in
| the end accomplished by the confed-
crates and the unlawfulnesS of the
means is not questioned.
Where the acts complained of are the
unlawful object of the conspiracy. and
| have been accomplished, it is sufficient
| to plead them as accomplished.
| HAYWOOD BILL SUSTAINED.
A motion to quash bill No. 3S2 has
| been made, but it has not been serious
| ly argued, and no substantial reason
| ------,-4.- 49,. H. - - -
The bill meets all the requirements
laid down by Judge Bregy. and it is
in accordance with the practice of this
| court from time immemorial.
| Judge Allison simply announced what
was the practice and law and what
| they had always been when he said:
1.-THE returns in the case of Morton ct
al. charge conspiracy and state the
| overt acts committed in pursuance of
| the conspiracy; these overt acts are
| in themselves crimes for which one
may be indicted, such as embezzlement,
| fraudulently making and uttering writ
| ten instruments, etc. In bill charging
conspiracy alone these might have been
| set out in separate counts as the overt
acts of the defendants in the execution
| of a conspiracy, and if they could be
| pleaded in that form they may be
separately made the subject of distinct
| bills of Indictment"
The motion to quash Is denied The
demurrers are overruled, with leave to
| plead.
THE House of Representative has
passed the bill to suppress ticket