Five Mile Beach weekly journal., 1921-06-17
JUDGE BLACK FINES
THREE FREEHOLDERS
Counsel for Other Defendants
Plead Lack Of Time to Prepare
Defense-Trials Adjourned
GREAT ARRAY OF LEGAL
TALENT TO FIGHT CASES

600 graft Ouh Vi INC
proceedings to-day when they entered
pleas of non vult before Justice
Charles c. Black, of the State Su-
preme Court, and drew comparatively
light fines. A few minutes after SEN
tence had beer pronounced they paid
their fines and departed with all
charges against them wiped of the
record.
In the cases of all other defendants,
totaling more than a score, continu-
ance was granted until September 10.
Lawyers for the defense in petitioning
the Court for a -postponement asserted
they had beer denied access to records
in the hands of the states attorney
and likewise declared they were fatty
refused a bill of particulars.
One defendant, Freebooter John w.
Young, of North wildwood, failed
to appear in Court. A physicians
certificate was introduced purport-
ing to show he is suffering from
a mental ailment and as a result could
not answer to the charges preferred
against him. Justice Black granted a
severance in cases where Young is
coupled with other men under indict-
ment.
The trial, which opened this MORN
ing, and lasted only a few hours,
was the outgrowth of indictments re-
turned by a Cape May County Grand
Jury charging wholesale graft and
other forms of misconduct against the
Board of Freeholders and several con-
tractors. Most of the charges CEN
tered around alleged wasteful meth
DDS of expanding public funds, and
not a few of the indictments give the
impression that freeholders and con-
tractors were waxing opulent through
the construction of roads and other
public improvements.
The little county Courthouse was
packed to the doors with interested
Jerseyites when Justice Black mount
ed the bench. Many men and women
unable to get admittance to the court
room assembled at the windows and
doors during the short session.
ACttu On OU1IClAUI y AufICt
No sooner had the Court opened
than Ernest w. Lloyd, a lawyer, an
nounced that three of his clients
wished to change their pleas on NAL
feasanee in office charges from not
guilty to non vult. These defendants
were James Eustace, 70 years old, of
Sea Isle City, vice director of the
Board of Freeholders; Charles York
and Henry S. Rutherford, both of Cape
May City, former members of the
board. Mr.. Rutherford was director
of the board for some years. 1t was
explained to the Court they entertained
no criminal intent when they partici-
pated in the deals" that increased
the Indebtedness of the county by
nearly 81, 900, 900 in the short space of
five years. In all their deliberations
on the board, it was pointed out by
Lloyd, his clients were actuated by adj
vice offered by himself, who was
county solicitor at the time.
William n. Newcorn, assistant At
torney General, who was in charge of
the prosecution, readily admitted there
were extenuating circumstances that
warranted the leniency plea in these
particular cases, but insisted on the
Court passing a sentence that would
serve as a warning to Others"
Justice Black sentenced York to pay
a fine of 800, with the provision that
he stand committed to the county Jail
pending settlement. The fines of
Rutherford and Eustace were fixed at
$500 with the same provision of a Jail
sentence until paid. The trio walked
at once to the Office of the County
Clerk, where they made settlement,
then returned to witness the remainder
of the proceedings. Counsel for Eus-
tace announced he had submitted his
resignation as a member of the
board and is was read. Judge Black
said it should be presented to the Com
missioners of Sea Isle City.
"The Court would be willing" said
Justice Black in passing sentence, ito
stop what has been going on and begin
anew. Warnings have been given out
from time to time, but to no avail.
These pleas have saved the county the
expense of conducting the trials, a
condition which the Court is taking
into consideration"
All other indictments against York,
Rutherford and Eustace were nolle
pressed. Some of them contained ac-
cusations of conspiracy.
Another defendant, William Cassidy,
of the contracting firm of Cassidy &
Holman, entered a nolle contendre plea
and announced he had decided to aid
the state in prosecuting other cases.
Having thus turned states evidence
he was released without sentence.
C~assedy's partner, Walter Homan, re-
Gently entered a plea of guilty on two
conspiracy Indictments.
Spar for Time
An array of legal lights recruited
from various parts of the state began
a fight for delay Immediately the four
cases enumerated had been disposed