Five Mile Beach weekly journal., 1921-10-07
Friday, September 80, 1921

When court convened on Friday
morning, September 80, 1921, in the
trials of members of the Cape May
County Board of F~reeholders for mall
feasance in office, the first witness
called was Walter NJ. Homan, of the
firm of Homan & Cassidy, of Cape
May, who had the contract for the
Turtle Gut road to connect Wildwood
Crest with Two Mile Beach. He de-
scribed the storm of April, 1918, which
washed the road over Turtle Gut away.
The following account of the proceed
ings of the trial on Friday, September
Both, is taken from the Public Ledger:
Holman stated that during the con-
struction of the road Joseph P. Mac
Kissic, one of the Freeholders on trial,
came to his home and borrowed $3.50
for his personal use and, according to
Cassidy, "he never paid it back" Cas-
sedy also testified that he gave another
Freebooter, now dead, who came to his
house in an automobile with MacKis-
sic, a check for $1,000. That, too, Cas-
sedy said, was a personal loan, but the
Prosecuting Attorney told him he
should have called it graft"
Today was the second day of the
trial of the four Freeholders who are
charged with letting a $4,000 road
contract without advertising for bids,
contrary to law. The defendants. J.P.
MacKissic, Hope Candy, Joseph Camp
and ]. P. Fox, took the witness stand
in their own behalf and insisted their
action in awarding the contract was
under the advice of Ernest w. Lloyd,
formerly solicitor Of the Board of
Freeholders.
MacKissic was placed under cross
examination by the prosecution and
conceded he borrowed the money men
toned by Cassidy, saying it was a per-
sonal loan. MacKissic confessed he
wrote the name of a friend on the back
of the check who Endorsed it.
81 paid the money back" MacKissic
said under cross-examination.
'sThe bank on which the check was
drawn compelled you to pay it when
YOU forged that Endorsement, didn't
it?" Assistant Attorney General New
corn asked.
mo, sir" MacKissic said. 81 paid
it back part in cash and part in mer-
~chandise."
did you know why the check for
1000 was given to the Freebooter now
dead by Cassidy when o and that
Freebooter went to Cassedy's home in
the automobile?" Mr.. Newcorn asked.
Yves, sir" MacKissic said. 1.-The
Freebooter wanted money because he
had some trouble with some real es-
tate in Stone Harbor."
Cassidy denied getting any of the
/ 1000.
When the name of the former solicit
tor of the board was mentioned at the
morning hearing, Attorney General
Newcorn issued a subpoena to Sheriff.
Mead Tomlin and requested him to
bring Mr.. Lloyd into court.
The Sheriff and Lloyd reached the
court house just at the expiration OF
the time limit set by Judge Eldredge
1UT MI. AlOyQ " apPCoAs
Lloyd denied he had given the Free
holders any legal advice in reference
to the Turtle Gut road, but under
cross-examination he said: 81 have a
faint recollection, but as the case is
three years old 1 would have to refresh
my memory by looking over the min
utes of the meeting"
The defense sprang a surprise when
it ~subpoenaed all of the court officers
and the prosecuting attorney, includ-
ing Prosecutor Cole, as character wit
nesses for the defendants. All of the
witnesses testified to the good charac-
tiers of the defendants.
The defense called a score of neigh
bors of MacKissic and they testified
to MacKissic's good character with the
exception of the Rev. Garner T. Hand,
of Burleigh, N. j., who threw a sur
prise into the defense when he said
that he had heard tales about Mac
Kissic."
The state rested at IL o'clock and
several hours later the defense rested.
In his address to the jury, Robert
MacCarter, formerly Attorney General,
said that the men were not guilty of
the charges, as they had been advised
to enter into the supplemental contract
upon advice of their attorney. The
state disputed the declaration. The
jury was charged by Judge Eldredge
and retired"
The defendants were tried jointly,
but Judge Eldredge in his charge to
the jury said that any one or all of the
indicted men could be found innocent
or guilty.
Jury Disagreed After Being Out All
Night
The case went to the jury Friday af-
ternoon and Judge Eldrsdge declared
court adjourned until Wednesday
morning, October 5th.
The jury was out all night, and being
,YroAI1 - 1900 ala 49, 5000