New-York tribune., 1898-11-23
THF BPOOKLyN NDICTUENTS.

Tho decision of the Appellate Division oi IN"
cu,rcmc Court unanimously sustaining the in
dictments for conspiracy found agaihS' '"'o
dorc r. Willis and William h. Phillps 's one on
tnc side of substantial justice. Ii thr IA" HI"
Ecen otherwise and the Court had moi 1ci' cane"
,,,on ia revcrsc Justice Hirschbprg who dis
missed the indictments on demurrer 'h' ic
sult would have been the actual sireng'hcn'"S
or ,bc wrong however much it might have been
.onnolI.d by the rules " law. But happily the
right and the statutes are in TINS case hari'"'
nious. and Messrs. Willis and Philips VIII nave
n chance 10 prove their Innocence OF lace 'n'"
guilt That il much better for 'he'h II 'ne' arc
innocent and for the whole communi'! a"'
way. than 10 have these charges hanging III Inc
air indefinitely with no possibility OF proving or
disproving them.
The dismissal of the indictments would have
meant absolute failure of the prosecution "i 'i''
most important OF the cases growing oui o' 'Ic
CIV Works scandals. Justice linschperS "e
lih~raied long on the question mat "hei ''
sustained the demurrer the time within whch "
new Indictment could he drawn had expire"
undcr the statute of limitations. ana MeS>rS'
Willis and Philips faced the prospect OF Il rehe'
from charges which was not Nihdi'a'ioh anu
rho n.onc ver,, confronted with the prospect OF
moi Knowing whether they had been victimiz"i
LA. r,s.,l. ar moi such a result would have be"n
mos, unfortunate, Somc of The petty Offenders
have pleaded guilty Of The crimes charEr"
against Them. aud il would hav" been moran!
..,nd,lous even if legally correct II the men
who are charged with having been the leaders
IL, the wrongdoing had secured immunity OH II
legal technicality while the suboidina'"S sur
fered Indeed, il is difficult 10 understand now
Mr. Willis should for n moment WISH 10 eScaP
,rioI Of The serious charges against INN VIII"
protesting that those charges are UNJUST an" III
founded When first indicted II" WAS iouu III
his demands for the vindication Of speedy
trial and created favorable impression among
peolle who hoped 10 see INN prove HIS lhho-
ccuce If the public i not now ;" c"hiuc"'
that he can do 80 the reason j. tha' HIS "''S
have not squared with his words ana his pleas
to the court have been calculated ralher 10
,scaI,ipg investigation OF the charges aSalns'
him than 10 proving That they are untrue III
So doing. of course. he has a''eu Wl'hh HIS
legal rights and we are not I" presume nilh
ruiltv because Of his tactics OF drIph'e' NeN''-
1helr>> demurrcrs are not the usual recourse "l
u man who really wants to face and diSpro'e
charge as Mr. Willis has SAID hr dld Inc
rourt is better 10 Messrs. Willis and I'hihps
than they were To themselves.
Justice Barllett's opinion i'll ch All hi> COZ
leagues concur gives convincing reasons for s'iS-
toininp thr indictments. 1t would. Indeed ne
monstrous if men could with safety c0nspire 10
do Illegal acts by making their agreement 100 III
definite 10 he stated in a valid Indictment ana
the Court rightly brushes aside the contention
,h,, inc charge j. moi definitely stated becalls"
II does not indicate what particular fallure "i
dutv Willis agreed 10 in order 10 help fhlllpS
cot money from contractors. when me 'oll'eh-
ZION Of the prosecution Is that The agreement
was a general one by which Willis was 10 40
vyho,ever was calculated 10 secure the oblec'.
and that no special measures were settled upon
In the formation Of the conspiracy. bu' were lei
to be developed aS circumstances required. Inc
District Attorney office regards TINS dccisoh as
final and holds that Messrs. Willis and mi
ips must now plead and stand trial They
lowcver. may think II possible 10 get To 'he
Cour of Appeals Anyway. II IL TO he hopeu
that this decision may stand. and that III"
RroolIyn scandals may be probcd 10 the bot
tom and the top. II would be a Ridiculous tray
c.tv on Justice 10 see lot Of petty clerks III the
renitcntiary while the big men charged win
mart in similar transactions 60 free without
trial