Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-11-01
THE STAR ROUTE BRIBERY.
COL INaERSoLL EXAMINED AS TO TIE PUBLISHED
INTERVIEW WITH HIM

asked him about his interview In the Post October
| 10th. He Identified newspaper cutting OF the
interview. At the time he had the afIidavits In
| his possession which he had written, namely, the
| second one OF Browns, Laws, Holmead's, and the
second or Foote'S He saw the Newark affi isvt OF
/ Foote In the possession OF A. b. Williams, about
| October 23i.
ALErTER TO COL INGKRsoLL AND HIS REPLY
| Mr. Wells then read a letter addressed to Col.
Ingersoll, dated October 18th, asking II he had in
| his possession the afldavftS given in his news
| paper interview. Also the reply, which stated
that he would turn over the afitavits to the prop
| district attorney or his asSistantS Mr.. Wells
| then submitted letter from District Attorney
Corkhlli, which stated that Mr. Wells represented
him and he would like Col. Ingersou TO turn over
| the afndayitS t0Mr. Wells.
COL. ISGERsoLL EXPLAINS
The witness then, In response TO question, said
that at the time OF his interview he had the certi-
fed copies OF Nelson's and Foote'S affiiavits. He
| never had them In his possession, except to keep
| them. He did not mean to Say that these af1ida-
Wis were under his control, but he did say that
atthe proper time and place he would produce the
an1iavitS Now he would object 10 handing these
papers to Mr.. Wells because he represented the
Department OF Justice, which sought to control
this Investigation instead OF allowing an investi-
cation to be made by others He thought that
Payne ought to. be prosecuted, but he thought
tnat 1t was unfair to try him and let others go II
he had any papers which were OF use in THIS trial
OF Payne, he would be glad to deliver them.
Mr. WellS.--Thank YOU
THs AFFIDAvITs.
| The witness said that Mr. Williams came to his
Office and took away the affidavlts yesterday
morning after the subpoena to produce the afflda-
Wits had been served upon him. He had brought
the affldavlts which he had written, and were
properly under his control.
The Court said from what he had heard IN the
case The afilavits that belonged TO Mr. Williams
were rot under the control of Col Ingersoll.
The witness then went on TO say that Mr.. VII
liams told him yesterday that he would return the
q
davitS
Mr.. Davis asked the witness If he recollected
seeing copy OF the long FooJe aflldavlt in mis-
house Oct. 1St.
The witneSS-I did.
Mr.. DayiS-Who had It?
Witness.-Mr. A. c. Richards brought it.
Mr.. Davis.-Who else was there?
WftneSs.-Payne, the present defendant, and
Geo. o. Miller, a detective. / don't remember any
one else being present.
Mr.. Dayis.-At that time did you read or hear of
any other affidavit?
WitnesS.-I was told what another man was 60
Mr.. Wells.-Was the afliavlt read In the pres
ence OF the defendant, Payne?
WitneSs.-Let me state the circumstances.
Payne came to my house with Richards and Miller
to consult me as to whether IL would make him
liable if he made the affidavit whicn he inten led
to do. gave him excellent advice. II anything
occurred then which should crininate him would
decline to mention it, although was not his
counsel The statement Payne made to Inc was
made to me as lawyer, and feel in honor bound
not to mention 1t.
II.
Mr.. Wells.-What part OF the affidavit was read
In Paynes presence?
The witness-I decline to state for the reason
given.
Mr.. Wells said that he would be the last one to
ask lawyer to violate his professional confidence,
but he would call the courts attention to similar
case in the Virginia supreme court
The court said that the witness had so far be-
come Payne's counsel as to give him advice and he
Thought that the case would come under the rule
Mr.. Wells.-Was not Payne brought to your
mouse M,a ior the purpose of making an AFFIDAVIT
will say frankly that was sorry not to be able to
ADVISE nim to make an affidavit.
Nj. WellS.-I have doubt but what you were.
You were In that business
The witness said that ne prepared the affidavit
known as the second Foote affidavit; the one OF
Brown and Laws and the second affidavit OF Hol-
| mead.
MI Weils.-Who prepared the interview
| The witnes.-I prepared it,
| Mr. Wel!s.-Who was present?
The witncss.-Payne was not present; that is
| sufficient for you.
Alter some sp4rring the witness said there were
there X. B. Carpenter associate counsel In the
| star route trial; w. s. Bush, my clerk; Holmead
| Laws. Williams S. w Dorsey and Edward Taylor
| Mr. Weils.-WaS Mr.. Dickson there?
| Wltneos-He came there with his affidavit and
| Mr. Drivers.
| Mr. Weils.-Who wrote the Foote AFFIDAVIT?
NitneSS-Jutge j. j. Noah wrote part OF 1t AMI
| IguesS my clerk, but don't know who wrote it
| rect copy?
Witness-I think that it is correct 1t was COM
pared after 1t was written. II it is not correct
| copy IL Is simply because mistake was made.
MR. A. B. WILLIAMS RECALLED.
| The witness then stopped, and MIR. A. B. VII
| namS was recalled.
Mr.. Wels.-Is your memory refreshed about
| these affidavits by Col. lngersolps testimony?
WitneSS.-I have not been very much refreshed.
MI Wells.-Do you know when you received the
! Foote affidavit and where it now is?
Mr. Wells.-That is sufficient
Mr.. Wells called for Brown, but Mr.. Clagett said
that the gentlemen from theDepartment OF Justice
afidavitS called for by the subpoenas.
MR.. A. G. RICHARDS ON THE STAND
With the understanding that these were
to be produced as soon as possible, Mr.. Wells
| called to the stand A. G. Richards and
proceeded to read the Richards affdavit printed
| In the Ingersoll interview, which states that he
drew up the FoOte affidavit. Mr.. Richards raised
the question whether he could testify as to whe-
Their Foote made this afidavit, on the ground that
their relations was that OF lawyer and client
The court decided that he could answer as to the
truth or the drawing up OF the aff1 iavtt
| Witness said he went to Newark at his own sug-
geston to make his affidavit Payne went with
pocket and had not been reimbursed. He would
| look to MT A. B: Williams to be reimbursed.
MT Wells.-Why viii you look to him for pay?
WItness.-Because he suggested my going, or
rather endorsed my suggestion.
| The witness testified that Payne made some sug.
| gestOns to Foote when he was making the affida-
Wit, especially about dates and places They also
went out or the room and had talk together be-
| fore the AFFIDAVIT was completed.
The witness again objected to testifying what
passed. between himself and his Client Payne.
The court ruled that as he had made hts rela-
tons with his client public In an af11davit, then
this rule no longer held good.
The W illness then went on to say that PAYNE in
numerous conversations with him at Newark and
Oh his way back said that what FOote had testified
To was ,rue The witness identified the CODY in
the IngerSoll interview.
Mr-WellS then argued that Mr.. Ingersoll had
testified that this was correct copy OF the FoOte
afdday1t, and that FOOte a fugitive from jus
tce, and under the circumstances he thought that
he ought to be allowed to use this copy.
The defense objected, and the court admitted It
subject to objection.
THE LONG FooTR AFFIDAVIT,
The witness then proceeded to read what is
known as the "long Foote AFFIDAVIT" In this
Foote swears that II. F. Fall asked him II he could
influence any OF the star route jury. FOote then
introduced Payne to Fall, and swears to drawing
UP the agreement to pay S. 500 to the juror making
D hung jury.
THE ATTEMPT TO BRIBR BROWN
Mr.. Wells asked, what did Payne say to you Of
truth OF the statement OF the attempt to brfbe
Brown
WitneSS-Paynn said frannnntly til at what Foofo