Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-02
QUbYS MUST STAND TRIAL.
Continued from First Page.


"A conspiracy to steal or appropriate.
or to use for private gain the public mon-
ey is fruitless so long as IL is in the
treasury; or SO long as 1t is under the
control of the treasurer. Its removal
from the treasury and from the control
of the treasurer is necessary for the sue
cess of the conspiracy. Depositing money
In bank as a deposit may be the GROWING
act of the conspiracy. which makes 1t
successful. 1t may lie the Means by which
tie crime is committed, the means by
which the public money was used for pri-
vate gain and TO. purposes not authorized
by law.
1T is true that as between bank and de-
posItor the property in money deposited
passes to the bank and from depositor up
on deposit made, but as respects parties
to criminal conspiracy who use the law
full transaction of deposit as means
to crime, their criminal intent Will follow
the money deposited and their fraud faint
an otherwise lawful act. Besides, the
conspiracy may be complete while the
money is in the treasury and its transfer
by deposit then can have no effect to le-
galize the conspiracy
1T surely will not be seriously contend
others to convert to their own use the
public money for private gain; and they
employ every means to do 50; and that
every element of a conspiracy is COM
plete up to the time of deposit in a bank;
THAT the deposit annihila,es the conspir-
hcy and makes the unlawful acts lawful
and prevents the punishment OF a COM
pleted, successful conspiracy.
fto
various treasurers since 1855. 1t, however,
also charges a conspiracy with treasurer
Haywood and is therefore good as against
him and the other defendants. So far as
the other treasurers are concerned. 1t is
matter OF evidence. The court has no
authority to declare upon demurrer that
charge is impossible as argued by de-
PENDANTS counsel. 1t might very well be
that a conspiracy was entered into IN 1913
to continually use the public 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 indictments
charging an executed conspiracy as in
one of the counts here, for the consplr-
acy may have gone no further than the
mere combination. And not so in exc
cuted conspiracies, where the unlawful
act complained of is in the end accom-
plished by the confederates and the law
fulness 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
ia plead them as accomplished.
"A motion to quash Bill 1872 has been
made but it has not been seriously ar
gued and no substantial reason has been
given to sustain the motion. The bill
meets all the requirements laid down by
Judge Breezy; and it is in accordance with
the practice of this court from time i'm
memorial.
Judge Allison simply announced what
was the practice and law, and what they
had always been, when he said: The
returns in the case of Morton ct al,
charge conspiracy, and state the overt
acts committed in pursuance of the con-
spiracy; these overt acts are in them
selves crimes for which one may be in
dicted such as embezzlement, fraudulent
ly making and uttering written instruc-
TONS 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 conspir-
acy and if they could be placed in that
form they may be separately made the
subject of distinct bills of Indictment
THE motion to quash is denied.
1.-THE demurrers are overruled, with
leave to plead"