Commonwealth v. Beal

• Decision Date: 28 June 1943
• Citation: 50 N.E.2d 14,314 Mass. 210
• Parties: COMMONWEALTH v. BEAL et al. SAME v. BEAL.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

314 Mass. 210

50 N.E.2d 14

COMMONWEALTH

v.BEAL et al. SAME v. BEAL.

Supreme Judicial Court of Massachusetts, Middlesex.

June 28, 1943.

Exceptions from Superior Court, Middlesex County; Brogna, Judge.

John W. Beal and others were convicted of conspiring to bribe a public officer, and they bring exceptions.

Exceptions overruled.

Before FIELD, C. J., and DONAHUE, QUA, DOLAN, and COX, JJ.

R. F. Bradford, Dist. Atty., of Boston, for the Commonwealth.

A. F. Bickford and J. P. Sullivan, both of Boston, for defendants Beal.

J. P. Brennan, of Boston, for defendant Spinelli.

COX, Justice.

John W. Beal, hereinafter referred to as Beal, and his brother, Horatio W. Beal, hereinafter referred to as Beal's brother, who were equal partners in an architectural firm, together with Anthony F. Spinelli, were found guilty on an indictment which charged that between January 1, 1938, and September 1, 1940, they conspired ‘to corruptly give, offer and promise’ to one Lyons, the mayor of the city of Cambridge, after his election a gift and gratuity with intent to influence his act, vote and opinion, decision and judgment upon matters, questions, causes and proceedings that were than pending and might by law be brought before him in his official capacity as mayor, and as a consideration for any speech, work and service in connection therewith. See G.L.(Ter.Ed.) c. 268, § 7. The Commonwealth's bill of particulars sets out that it was intended by the defendants to influence the approval by the mayor of contracts between the city and the Beal firm to perform architectural services in connection with an addition to the Cambridge Tuberculosis Hospital.Beal was also found guilty on ten counts of an indictment each of which charged that he corruptly gave, offered and promised to said Lyons, after his election as mayor, a gift and gratuity with intent to influence his act, vote and opinion, decision and judgment, which as stated in the Commonwealth's bill of particulars, related to his approval of contracts to perform said architectual services. See G.L.(Ter.Ed.) c. 268, § 7. The cases were tried together. The motions of the defendants for directed verdicts in each case were denied subject to their exceptions. Each defendant also saved exceptions on questions of evidence and to the refusal of the trial judge to give certain instructions to the jury.

Lyons was elected mayor in November, 1937, and in November, 1939, and no question was raised as to his being mayor during the years 1938 to 1940, inclusive, or that during this period of time all municipal contracts involving $500 or more required his approval. Lyons, as mayor, approved a written contract dated June 15, 1938, between the city and the Beal firm, relative to the making of plans for and supervising the construction of an addition to the tuberculosis hospital, and no question is raised that this contract involved more than $500. He also approved amendments to this contract by agreements dated November 25, 1938, August 23, 1939, and November 1, 1939.

The jury could have found the following facts: One Mannos, who was one of Lyons' ‘campaign managers' in 1937 and 1939 and knew him ‘very intimately,’ had known the defendant Spinelli since 1929. Prior to January 1938, he procured $2,000 from Spinelli as a contribution to the mayor's campaign for election, and also a contribution of $75 to the cost of a banquet that was given to the mayor after his election in 1937. After January 1, 1938, Spinelli saw Mannos and told him that he was interested in the work at the tuberculosis hospital and reminded him that bids had been out for this work before Lyons became mayor and that they were being held up and suggested that it would be a good idea for the mayor to change architects ‘as long as he wasn't going to allow that to go through.’ He told Mannos that he had a good friend by the name of John Beal, for whom he was working on a high school at the time, and said: ‘I think it would be worth your while if you talked to the Mayor and got him to change architects.’ Spinelli wanted him to meet Beal and Mannos said ‘he would speak to the Mayor first and see what he was going to do about it.’ Following this conversation, he told the mayor that he had been talking with Spinelli and that if there was to be a change of architects, Spinelli had someone in mind. About the middle of January, 1938, by Spinelli's arrangement, he and Beal went to Cambridge and talked with Mannos. Spinelli introduced Beal saying, ‘he understands what to do and he is willing to go along and take care of the boys if you will give him the job [tuberculosis hospital].’ Beal said that he would like to get the work and ‘would be willing to take care of the Mayor and * * * [Mannos] if he could get * * * [it]; that he would be glad to give the customary one-third if he received the job.’ Mannos said he would have to talk with the mayor first. They then went into Boston and after Beal had gone, Spinelli said: ‘this would be a very good idea for you fellows to get something and if Graham [the architect] has the job you won't, he * * * [Beal] is a good man and you can-and in fact if you want me to manage this I will. In fact I would like to be your manager and I will take care of everything and see that you get what is coming to you.’ Mannos ‘just let * * * [the proposition] slide.’ About a week later, Beal telephoned Mannos, who told him that he had not spoken to the mayor, but that he would. During this period, Spinelli saw Mannos two or three times a week in a social way, and on one occasion said to him: ‘Where I have been so good to you fellows I want to be sure that the job is re-advertised and have Mr. Beal get the job,’ and ‘Then there will be a good chance for me coming in low so I may get the job.’ Mannos talked with the mayor, and sometime early in February, he told Beal to see the mayor. After Beal had seen the mayor, they had some talk about the selection of an architect and about Beal making a survey of the work that was to be done. Beal made a survey and gave an original and duplicate to Mannos telling him to give the original to the mayor and to keep the duplicate, which he did. Thereafter, Mannos received word to have Beal go over to the mayor's office. Later, Mannos received word with reference to the awarding of the architectural contract; got in touch with Beal; told him that he had received ‘the job’ and to go over and get the contracts in order, that everything was all right, he had the job.

The amount of the first bill submitted by the Beal firm under the contract was $3,750 and the warrant date for this bill was July 16, 1938. On July 20, 1938, a check for $800, payable to chsh, was drawn on the Beal bank account and charged one half to Beal and one half to his brother. Beal telephoned Mannos and told him that he had received payment from the city and would like to see him. They met at a Boston hotel and sat down in a corner of the lobby. Beal took out an envelope with some figures on it, and some money, and handed Mannos some money saying: ‘There is about 827’ or ‘876 dollars' in the envelope. Mannos said that it was not one third of what Beal had received and Beal said that instead of giving him two per cent of the six per cent, he was only going to give Mannos one and one-half per cent. Mannos said that was not the agreement they had made and Beal said that if he, Mannos, could convince the mayor to pay for the clerk of the works, he would be glad to give him the other one-half per cent. He told Mannos to ‘take that amount for a while and they would straighten it out.’ Later, Beal telephoned Mannos that he was having a little difficulty about the clerk of the works and asked if he, Mannos, would speak to the mayor and see that it went through. Mannos did speak to the mayor, and ‘it did go through.’ Thereafter Beal told him that he would see that he got the amount ‘he was entitled to.’ They had a conversation later as to whether some work was original work or an alteration, Beal contending that it was an alteration, and that if it were, he would get ten per cent rather than six per cent, and asked Mannos if he would speak to the mayor about it. Sometime later Beal telephoned Mannos with reference to the bids for the work saying: ‘You know I want to be in right with you fellows. I don't want to do anything that isn't right.’ He also said: ‘It is customary for the architect to recommend the contractor to the City after the bids are submitted, and, as you know, Spinelli is the low bidder. Is it still all right with you fellows for me to recommend him?’ Mannos said: ‘By all means, recommend him.’

Sometime in November Beal telephoned Mannos that he had something for him. He came to Mannos' office and handed him an envelope saying: ‘There is about $2,750 here,’ that he had got his big payment and was giving Mannos the one-third plus a little on what he did not give him on the other payment. The Beal firm, on November 12, received a check from the city for $8,066.40, and on November 14, there was a withdrawal from the firm funds of $1,375 payable to Beal, and on November 15, a withdrawal of $1,375 payable to his brother. Early in 1939, Beal telephoned Mannos that he would like to go over to his office. When he did not arrive, Mannos told his secretary that if Beal came and left anything with her, it would be all right, and the next morning his secretary went to his safe, took out an envelope that contained ‘around’ $1,400 and gave it to him. Beal went to Mannos's office in February 1939, late in the afternoon, and when he was informed that Mannos had left, he gave the secretary an envelope for her to keep for Mannos saying that the envelope was valuable, to take care of it, to lock it up, and put it away for Mannos. She put it in the safe and gave it to Mannos the next morning. She testified that she had occasion to meet Beal and saw him perhaps twenty-four times in 1938 and early 1939; that she had...