Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-16
Chief Justice Declares
Former Trust Co.
Official Is Guilty
of Embezzlement.
URGES INVESTIGATION OF
DIRECTORS RESPONSIBILITY
Thomas L. Morton Is Named
Foreman of September Grand
Jury Under New System of
Selection and Appointment.

Raymond E. Smith. secretary and
treasurer of the Roseville Trust COM
! pany, should be indicted"
Not only once, but several times, to-
day did Chief Justice William S
Gummere tell this to the members OF
the first September grand jury. Ths
grand jury is the first to be sworn in
under the new jury act.
Whether any of the other employ
ees or directors of the wrecked bank
should be indicted was a matter, the
chief justice said, he was not at the
present time well enough informed
on to make a part of his charge.
1 He did state. however, that he would
probably call the jury before him at
some future date and advise them
on that phase of the situation.
| After the grand jury had been mar
| shaled in the Supreme Courtroom,
where Chief Justice Gummere sat sur
rounded by Judges Frederic Adams
and Nelson Y. DUNCAN, of the Cir
cult Court; Judges William P. Martin
and Harry V. Osborne, of the Com
mon Pleas Court, and Juvenile Judge
Patrick j. Dolan, the chief justice in
formed the members that under the
new law il devolyed on the chief JUS
body.
Justice Gummere then selected
/ Thomas l.. Morton, whose name was
! number IL on the list, to act as fore
man of the jury. II had been errone-
ously announced by a local paper that
Leo MeCabe, the first man on the list
drawn by Sheriff John F. Afonahan
under the supervision Of Chief
Justice Gummere would act as
foreman Of the body. but, instead, he
| took the place Of Mr.. Morton in seat
1 No. IL
Mr.. Morton. the foreman, is secre-
tary and treasurer of the Model Stor-
age Warehouse, at 81 Belleville ave-
nue., and resides at 4s1 Clifton avenue.
Speaks of Wrecked Bank.
After the jury had been sworn IN
T time to explaining the duties of a
grand juryman and then with great
deliberation took up the discussion OF
/ the Roseville Trust Company case.
The chief justice said:
/ You have all heard of the failure
of the Roseville Trust Company. In
/ vestigation tnat has been made by
the State department of banking Dis
closes a deficit running up into hum
dreds of thousands of dollars About
the time the bankrupt condition OF
J the bank was discovered but before a
serious defalcation had been discoy-
cred the secretary and treasurer of
the bank disappeared and remained
unheard of until the latter part of
last week.
] The significance of that fact is ap-
parent. Investigation by the State
banking department shows that this
treasurer, Raymond Il. Smith. is
largely responsible for the condition
OF affairs at the bank. Largely, ]
say, not solely.
ITO what extent he used the funds
of the bank for his own benefit is
not now known.
whether any other employees of
the bank or member of the board Of
/ directors is eriminally responsible
/ the investigation so far has not
shown. So far the State banking
department investigators have been
| engaged in finding out how great the
deficit is rather than locating the re-
| sponsibility for it. So today l am
/ unable to say whether any criminals
4 ity rests on any other person than
Smith or not.
smith Guilty of Embezzlement.
Smith is guilty of embezzlement.
of how many different acts of e1n-
bezzlement l am not informed. Un-
doubtedly he is guilty of forgery in
the alteration of the books and also
the bank books.
1T is your duty to investigate each
one of these phases of the case, and
if Smith is guilty of more than one
violation of the law in any particu-
lar il is your duty to indict him as
many times as the law requires.
with these words l viii now leave
the matter in your hands"
The chief justice then took up the
question of eight homicides that have
occurred since the June term OF
courts closed and specifically called
the attention of the jury TO each one
of them.
Charles Hinderer following a row in
a saloon at Centre street and Division
place Nicholas Callan, the bartender
at the place. is now in jail, Charged
with this crime. and the chief justice
said that the evidence given him
would warrant the belief that Callan
fired the fatal shot.
He then took up the murder OF
Alvira Ceceriello in Chester avenue.
Bloomfield, on May 80 In this case
the chief justice pointed out that the
bloody finger prints on the hatchet
with which the murder was done had
been identified as those of the hus-
band of the dead woman, Angelo
Ceceriello, and that If motive for
the crime was eStaDUsneO the nus
band should be indicted.
orders Drum Indictment.
The killing of Policeman John T.
Mcdonald by former County Engineer
George F, Drum at Central avenue
and Second street on July % was next
taken UP. After reciting the eircum
stances of the killing he told the jury
men that the mental responsibility OF
Drum either at the time of the killing
or the present time was something
that did not concern the grand jury
or the court at the present time. II
was the duty of the grand jury to in
dict for murder, under the circum-
stances of the killing. he said.
In two instances the chief 5ustice
said he did not believe the circum-
stances of the killings would warrant
a first degree verdict. and stated that
in his opinion a rnanslaugnter indict
ment would be all the State desired.
One case was that of William Cor
duan, whose wife died in their Walnut
street home on July 20. several hours
after she had been knocked to the
floor and beaten during a drunken
orgy In this "a Ne the chief iu9tire