New-York tribune., 1911-10-10
TO |ND|CT SHERIFF KELLY.
Court Practically InstruCtS Grand
Jury 10 Bring In Bill.
RELEASE OF MEN UNLAWFUL
County Collector Also Exceeded
Legal Rights in Making Loans,
Justice Swayze Says.

The grand fury drawn by the ellsors
when Sheriff Kelly was disqualified was
charged in the County Court at Jersey Ci'V
yesterday by Justice swsyze. The court
considered tho complaint against the Sher-
IN for releasing four prisoners brought 20
the county jail on bench warrants oecsuse
there were no commitments.
Justice Swayze said that the commit
nrents were not necessary. and the fact
that the Sheriff acted by advice OF counsei
did not relieve him ~ responsibiiity' me
difference between voluntary escape Snu
a negligent escape was explained ana 'he
Jury was practically directed to indlct the
Sheriff for the lesser offence-the negngent
escape
The charge also involved County Col
lector stephen VI. Egsn, VINO loaned county
money to the late Robert Davis. JuSl''s
Swayze disputed the claim Egan made tha'
under the then existing law ne could use
the countys funds as he pleased. so lohg
as he produced the money Wh'n IL Vas
wanted. lie said.
Large amounts have been disbursed win
OUT authority OF law apparently upon ~ ~
theory that the financial oHl.eI VI 10
county might use the county IuIds d ..,
IIHHEEU
good when called on 20 do 20. j neeo udi "a
II saw 10 YOU that such is not the Ia
Our statute makes II msn misut utiIle@,lr'
for any county collector 20 emDeIZ,ei III III
lawfully loan or retain IN ms hdliva g. -
money received or collected oy MN LoL 20 20
COUNTY The word embeZzle mere meahs - ~
convert the money 70 the Orcer , OMH .,
fraudulently, tnat Is, lntentlOhsal,y al,
YOU can properly infer sucn a ifaaul ifa ~ ; ;
conversion from the use by the oHlCeI SL
the money for any purpose except IAe l PuD
lie PURPOSES Of the county. Sucn Il Coi -
sion would be a loan by the Oilcer oL 'ite ts
nancy 0f the county in his own name. II
he loaned the cOunty's money IN the @ @tiHti'e
of the county without authorlty ~ - -, :
and ] know Of no such aulhorIIE - -
would be an unlawful one ana d IIsI1 .a3 -,
demeanOr within the meaning OF the stat
Ia IS also g high misdemeanor tor any nh
officer Of county or muhlClpdHly " " W ~
-afn or counsel. aid. assist or procure ~
obtaiuing for any other person or CoIpold
lion any money or Other FaludOIe tttl..1 i
/ f-orn thc county or municipality, not IA"
fully and Justly due. Evidence VIII De pi
s.rrad ro Won Of payments OF salary udut
In advance Of it, being earned II sue.
pavments have been made, the law has
been violated. . - 49,,
lawful loan Is complete as soon az ny
money has gone out OF the pOssessloh va
the collector. and the fact that IL - SUI
sequent!v repaid ana restored 10 lle ugas 80
jrv OF the county does not 90 away VIZ VIZ
tbe sffect OF the crime. 7 am informed
/ frat I'm the present case something 2Eel
sSO ono has been repaid 70 the county slLI,
/ 80 inveetigat!on was begun, but there i
reason 10 believe that this is not me tq!
amount due 10 the county. and apparently
mo- interest has been repaid .., o.,
[ The funds handled IN this county ..oS. aIs ,,
1aroe that tue loss Of interest on money
/ improperly paid out becomes a serious .t ny
ter especially when the county Is IN aeot
and ought 60 take care OF us s, o ',,
advantage.
TIN. court also referred 70 the new court
| house investigation and the evidence una
the expert hss been gathering and aIs'
directed attention 70 the allegation tina
I fraud has been perpetrated in supplying
coal TO tho Soldiers Home az hearny.