New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-06-07
BRIBERY AND CONSPIRACY.
CHARGES AGAINST WILLIS AND PHILIPS
UNDER DISCUSSION
.por,xrsrs ON THE pEMuRRERs IN THE BROOK.
LYN CITY WORKS CASES HEARD BY JUS
TIcE HIRscHBERo-No DECISION
FOR AT LEAST A FORT

Just,ca H,rschberg In the Supreme Court. IN
BROOKLYN sat al day yesterday TO hear argument
Oh the demurrers 70 the indictments aeflns' en-
City Works Commissioner Theodore Is Wits al"
ex-Poicc Commissioner William T.. Philips. ono
Indictment charging the TWO men with conspiracy
and the other charging Willis alone with bribery.
Tho main portion Of the argument was oirec'eu
against the conspiracy indictment, which was AZ
tackled various grounds. This indictment charges
that Willis and Philips agreed that Philips was 10
get money out Of Parsons who wanteo 10 oo WIN
for the city and Willis would award the contract
10 the men who paid It. A number OF cases are
cited in the Indictment In which II Is alleged tnat
this agreement actually carried out ror the
defendants appeared De Lancey Nicol' General Is
T. Tracy John D. Lindsay and Colonel Albert b.
Lamb Dis,rict-Attorney Marean and Assistant Dis
,rct-Attorney Isaac NJ Kapper appeared for the In
dictments Mr. Nicoll opened the argument. ana
briefly recited the form and charges OF the con-
spiracy indictment
We md" he said that the defendants are
charged with no less than nine separate ana as
tnct crimes, which are put In under the guise OF
overt Seven Of the crimes are misdemeanors,
one is n felony and the other Is the conspiracy
charged The code distinctly says that but one
crime be charged in an indictment Some
specific date must be mentioned. under the pro-
vision OF the code. All the indictment says Is
that the crime committed on some DAY III
month We claim that this Indictment Vlo-
lates almost every known rule OF pleading
District-Attorncy Msrean replied that the indict-
ment set forth plainly as possible the act OF
conspiracy. II the Court came 10 the decision
that such a conspiracy as charged was not
violation Of law then the Court could take the re-
spon.bllity OF the outcome Of such decision.
I'm regard to the number OF crimes alleged. said
Mr. Marean. 1T was only necessary FOR me 10
charge under the provisions OF the code II
any more appear. then have been more generous
TO my opponent than need be. for could have
frar med he nd n
have brought the others out on the trial without
warning The main proposition Of tho defence 10
that IL two people are indicted for conspiracy 10
commit a misdemeanor you cannot sustain tho In
dictment for IA conspiracy after tho misdemeanor
| has been accomplished
| THAT Is IT, exactly" said Mr.. Nicoll.
The argument for the dismissal OF the bribery In
| dictment against Wills did not begin until 1850
| o'clock and brief This indictment charges
| that Daniel Doody. the contractor. owed bill TO
7. b. Willis e. Bro. firm In which tho defendant
was partner. and refused to pay the calm. Wills
agreed 10 give Doody certain contract he would
| pay the blll AMI did so. and Doody did pay the
bill after had collected sufficient money from tho
city for work under tho contract Mr. Nicol argued
| that the indictment was defective because 1t was
| found as the District Attorney admitted. under
Section i5 OF the code. which related to State off,
GERS wins not such officer and the In:
dcimeg Il found at an snould haye od been iound
serted that tho facts alleged did not constitute a
! crime for promissory notes were given. which
| Doody afterward paid. and the giving OF promls-
| sorry notes could not be held TO be bribery.
! Mr. Marean declared In answer that II made no
| difference what section the Indictment was based
! on SO long as the city Works Commissioner was
the person represented and Justice irschberg said
! ne was inclined 20 think that contention sound.
! When the argument was ended Mr. Nicol said no
| wanted a week or ten days IN which 10 hand IN
| briefs. MI Marcsn is anxious to get Willis and
Philips 10 trial before the end Of June and he OBJ
Jec,ed TO the delay saying that there was no roa-
son for u. and that he could get hts brief In by
| this morning.
| NO doubt you can. but can't" said General
| Tracy
briefs and three days more in which TO exchange
| them between counsel. Then Mr.. Marean told the
Justice that he anxious 70 get an early decision
| OF the Justice Hrschberg said he would do
| the best he could. but he away from home.
| and he could not tell how soon he could decide the
| demurrcrs Mr.. Marcan evidently not pleased
| al the outcome.