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STATE v. WESTERN UNION TELEGRAPH CO.

12 N.J. 468 (1953)

97 A.2d 480

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WESTERN UNION TELEGRAPH COMPANY, AND CHARLES H. FRAKE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 1, 1953.

Attorney(s) appearing for the Case

Mr. Thomas J. Brogan argued the cause for appellants. (Messrs. Smith, James and Mathias, attorneys; Mr. John H. Waters (of the New York Bar), general attorney, The Western Union Telegraph Co.; Mr. William G.H. Acheson (of the New York Bar), assistant general attorney, The Western Union Telegraph Co.; Mr. Joseph Weintraub and Mr. Adrian M. Foley, Jr., on the brief).

Mr. Joseph A. Murphy, Assistant Deputy Attorney-General, argued the cause for the State (Mr. Theodore D. Parsons, Attorney-General of New Jersey and Mr. Simon L. Fisch, Deputy Attorney-General, attorneys; Mr. Edward J. McCardell, Jr., Deputy Attorney-General, on the brief).

The opinion of the court was delivered by WACHENFELD, J.

The Western Union Telegraph Company and Frake, its manager, were indicted and convicted of operating a common-law disorderly house in Cumberland County. The indictment arose out of the sending by the defendants of messages from Bridgeton to one Donaldson in Passaic County and to C.J. Rich & Company in Illinois and the payment in Bridgeton of money wired there by Donaldson and Rich & Company. The messages...

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