Commonwealth v. Beal

• Decision Date: 28 June 1943
• Citation: 314 Mass. 210,50 N.E.2d 14
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: COMMONWEALTH v. JOHN W. BEAL & others (and a companion case [1]).

314 Mass. 210

50 N.E.2d 14

COMMONWEALTH

v.

JOHN W. BEAL & others (and a companion case ^[1]).

Supreme Judicial Court of Massachusetts, Middlesex.

June 28, 1943

May 13, 1943.

Present: FIELD, C.

J., DONAHUE, QUA DOLAN, & COX, JJ.

Conspiracy. Bribery.

Evidence, Relevancy and materiality, Of conspiracy, Of reputation, Contradiction of witness. Witness, Contradiction, Cross-examination. Practice, Criminal, Exceptions: whether exception saved Discretionary control of evidence; Charge to jury; Requests rulings and instructions.

Evidence at the trial of three defendants for conspiracy to bribe the mayor of a city in violation of G. L. (Ter. Ed.) c. 268, Section 7 warranted a finding of guilt on the part of all the defendants, one of whom, a partner in a firm of architects made the payments called for by an arrangement previously effected between him and the mayor whereby the mayor was to approve a contract between the city and the firm for architectural work and the mayor and his intermediary were to be "taken care of" by payments from sums received by the firm from the city under the contract; another of whom, the other partner in the firm, knew of and acquiesced in the arrangement and the payments, some of which were made through his personal account with the firm; and the third of whom, a contractor, originally introduced the first partner to the mayor's intermediary as one desiring to obtain the architectural work and willing to make such arrangement, and subsequently participated in some of the firm's payments.

A finding of guilt of violation of G. L. (Ter. Ed.) c. 268, Section 7, by giving a gratuity to the mayor of a city "as a consideration for . . . service" by him in connection with an official matter was warranted by evidence that the defendant made an arrangement with the mayor by which the mayor was to approve a contract between the city and the defendant's architectural firm and was to be "taken care of" by payments from sums received by the firm from the city under the contract, and, after the mayor's approval of the contract, made such payments in accordance with the arrangement; and each successive payment constituted a separate act of bribery.

At the trial of an indictment for conspiracy, certain evidence of relations between the defendants before the date when the conspiracy was alleged to have begun was admissible as background.

A witness might be contradicted by the introduction of testimony voluntarily given by him at a previous trial, although such testimony had been struck out at the previous trial.

No exception to the admission of testimony was seasonably saved where, after the question had been put and the answer thereto had been made without objection, a request to strike them out was made and denied, whereupon counsel then asked that an exception to the question and answer be noted.

There was no error in the admission of testimony which would be relevant if it had a meaning which the jury might find it had.

The extent to which the credibility of a witness may be tested on cross-examination is largely in the discretion of the trial judge.

Evidence as to the reputation for "truth and veracity" of the defendant as a witness at a trial for bribery and conspiracy to bribe did not require the judge to instruct the jury, as requested by the defendant, that, in determining his guilt or innocence, they might consider his general reputation in his community for "honesty and integrity."

It was within the discretion of the judge at a criminal trial not to instruct the jury, as requested by the defendant, that in determining the weight of a certain witness's testimony, they might consider any bias he had against the defendant.

The judge at a criminal trial was not required to give an instruction, requested by the defendant, that testimony of an alleged accomplice should be scrutinized with great caution.

No error appeared at a criminal trial for bribery and conspiracy to bribe in the refusal of certain requests for instructions by the defendants which were adequately covered by the charge.

TWO INDICTMENTS, found and returned on March 5, 1942. The cases were tried before Brogna, J.

A. F. Bickford, (Joseph P.

Sullivan with him,) for the defendants Beal.

J. P. Brennan, for the defendant Spinelli. R. F. Bradford, District Attorney, for the Commonwealth.

COX, J. 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 then 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, Section 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 architectural services. See G. L. (Ter. Ed.) c. 268, Section 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...