State v. Williams

• Citation: 68 S.E. 900,153 N.C. 595
• Parties: STATE v. WILLIAMS.
• Decision Date: 21 September 1910
• Court: United States State Supreme Court of North Carolina

68 S.E. 900

153 N.C. 595

STATE v. WILLIAMS.

Supreme Court of North Carolina

September 21, 1910

Appeal from Superior Court, Craven County; Ferguson, Judge.

Eugene Williams was convicted of a misdemeanor, and he appeals. Affirmed.

Under such statute, it is not necessary to show that an alderman directly profited by the contract, but that he was in some degree financially interested is sufficient.

This is an indictment under section 3572, Revisal 1905, as follows "If any person, appointed or elected a commissioner or director to discharge any trust wherein the state or any county, city or town may be in any manner interested, shall become an undertaker, or make any contract for his own benefit, under such authority, or be in any manner concerned or interested in making such contract, or in the profits thereof, either privately or openly, singly or jointly with another, he shall be guilty of a misdemeanor." There was a special verdict at March term, 1910, of the Superior Court of Craven county, his honor, Judge Ferguson, presiding, as follows:

"The jurors being duly sworn and impaneled to try the issue between the state and defendant, Eugene Williams, finds the following special verdict, to wit:

"(1) At the times hereinafter named, the defendant, Eugene Williams, was a member of the board of aldermen of the city of New Bern.

"(2) At said times H. P. Willis was the practical engineer in charge of the machinery supplying electric light and water to the city of New Bern, which plant was owned by the city of New Bern.

"(3) That Thomas F. McCarthy was at said times the chairman of the committee of the board of aldermen of the city of New Bern having supervision of said electric light and water plant.

"(4) That during the month of July said H. P. Willis, by authority of said Thomas F. McCarthy, sent an order to the New Bern Iron Works, Inc., for supplies necessary for the operation of said plant amounting to $75.63, a portion of which manufactured to order and could be manufactured and supplied by no other concern in or near the city of New Bern except by the New Bern Iron Works, Inc.

"(5) That at the times hereinafter mentioned said Eugene Williams had purchased of W. A. McIntosh stock in the New Bern Iron Works, Inc., on credit and had hypothecated said stock to W. A. McIntosh for the purchase money thereof, but received profits whenever any were declared, and that in said bill furnished the city a profit was charged.

"(6) That said Eugene Williams was a director and president of the company, but his duties in connection with the company were simply to act as head of the mechanical department of the shop.

"(7) That W. A. McIntosh owned part of the stock of said corporation and held all the balance of the stock as collateral security and was the general manager of the company, and had full control and direction of its business, and C. M. Kehoe was bookkeeper of said company, and was under the direction and control of W. A. McIntosh.

"(8) That at the August meeting, 1909, of the board of aldermen of the city of New Bern, C. M. Kehoe, said bookkeeper, by the direction of W. A. McIntosh, presented said bill for supplies to the clerk of the board, who past the same, which had already been approved by Thomas F. McCarthy, chairman of the water and light committee, to H. M. Groves, chairman of the finance committee, and said H. M. Groves approved the same.

"(9) That said bill so approved was presented to the board of aldermen, and said Eugene Williams, being present at the meeting, requested the board to excuse him from voting and he was excused by the board, and the remaining members of the board approved the bill and issued an order therefore which has not yet been paid.

"(10) That said Eugene Williams has had nothing else to do with the transaction except as hereinbefore set out, neither as an officer or stockholder of the New Bern Iron Works, Inc., nor as an alderman of the city of New Bern, and he has had no corrupt intention in connection with the matter.

"If upon the foregoing facts the court is of the opinion that the defendant is guilty, the jury finds him guilty; and, if upon said facts the court is of the opinion that the defendant is not guilty, the jury finds him not guilty."

From judgment of guilty the defendant appealed.

W. D. McIver and Simmons, Ward & Allen, for appellant.

The Attorney General and Geo. L. Jones, for the State.

BROWN J.

This section of the Revisal is substantially the same as the act of 1825 (Pub. Laws 1825, c. 1269)...