The Middleburgh post. [volume] (Middleburgh, Snyder Co., Pa.) 1883-1916, 1898-12-15

counsel. that ~. Quay had . 49, -
borrsw nensy from the PsopIsB baak
but the conspiracy ehargsd b - ~
unlawfully money the property Of the
Peoples bank for the gain. benent and
advantage of the said Matthew 8.
Quay"
1t no where appears In the record or
in the demurrer or In the argument
that Mr. Hopkins had the legal custody
of the money. nor does II appear that
Mr.. Quay knew or had reason to be-
lieve that Hopkins had the legal Gus
tody of the money. 1t Is charged In
the indictment that they conspired un-
lawfully to use the money. Unlawfully
Is the equivalent of without lawful
authority, or without the authority and
knowledge Of the owner. the Peoples
bank. 1t was. therefore. a conspiracy
to appropriate the property Of the bank
without its consent: and the bill charges
a conspiracy to commit larceny, and Is,
therefore, sufficient.
This, however. is also a question Of
evidence for the commonwealth to es-
tablish, or the defendant to explain.
and show that It was a loan from the
bank.
The bills $50 and 33l are substantially
the same, so far as the questions raised
are concerned. They would be as suf-
ficient and not subject to objection II
the word "unlawfully" was stricken
out.
GUARDING PUBLIC MONEY.
The acts OF assembly under which
these bills are founded are as follows:
'If any officer Of this commonwealth
or any city, borough or township there
Of shall loan out with or without inter-
est or return therefor any money or
valuable security received by him. or
which may be in his possession or un-
der his control. by virtue of his office.
he shall be guilty Of a misdemeanor."
Act OF March 81, 1860. section So.
IF any such officer shall enter into
any such contract or agreement with
| any bank. corporation or Individual or
| association OF individuals. by which
| said officer Is to derive any benefit,
gain or advantage from the deposit In
such bank. corporation or individual or
association. OF any money or valuable
security held by him or which may
| be in his possession or under his control
by virtue of the said office. ne shall be
guilty of a misdemeanor." Act Of March
81. 1860. section 6S.
III any state, county. township or
municipal officer Of this commonwealth,
charged with the collection, safe keep
ing. transfer or disbursement Of public
money. shall convert to his own use
In any way whatever. or shall use by
any way Of investment in any kind Of
property or merchandise any portion
Of the public money entrusted to him
for collection. safe keeping, transfer
or disbursement or shall prove de-
faulter. or fail TO pay over the same
when thereunto legally required by
the state, county or township treasurer,
or other proper officer or person author
lied to demand and receive the same,
every such act shall be deemed and ad-
judged to be an embezElement Of 50
much Of the said money as shall be
thus taken, converted, invested, used or
unaccounted for. which is hereby de-
clared . misdemeanor; and every such
officer and every person or persons
whomsoever aiding or abetting or be-
ing in any way accessory to said act
and being thereof convicted. shall be
sentenced to an Imprisonment not ex-
ceeding five years" Act Of March 81.
1850. section 6S.
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 those facts to be
true. but contend that they violate no
law.
These are three distinct violations OF
the law. 1t In contended by the defend
ants that when the money was de-
posted In the Peoples bank 1t ceased to
be public money. and therefore there
could be no conspiracy to use public
money. II II be conceded that II 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-
full and criminal conspiracy.
A conspiracy to steal or appropriate
or to use for private gain the public
money Is fruitless 30 long as 1t Is In
the treasury. or 10 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
II 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 no,
authorized by law.
II Is true that Is 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 de.
posit as a means to crime. their Grim.
lnal intent will follow the money de.
posted and their fraud taint an other.
uvIc la fpl Rac}dea tho COpapiro