New-York tribune., 1883-06-15
THE BELMoNT-DEvoY CASE.
AcoUsER AND DEFENDANT HEARD.
TIE MoNoroNY OF THE CASE BROKEN BY NTEn
RsrING TESTIMONY ON Roth SIDES

TIE M0NOTONY OF THE CASE BROKEN BY INfER-
EsnNG TESTIMONY ON BOTH SIDES.
A juryman in the Court of General Sessions
Yesterday brought carnaon pins for the buttonholes
of his feIow-lurors and the lawyers and bunen OF
for the desk OF Judge Cowng Amid the efagrance
which flowers lent to the dingy courtroom the trial
OF John Dewey, Editor Of The Irish Eolion for criminal
libel in charging August Belmont with dishonest prac-
tices in relation certain funds which sympashzers
tried send Devoy and other Irish reyolutcnists
trial for treasoueOny Dublin in 1865 continued
The drcary monotony which has pro
vailed in the case for three days :
was broken by the testimony Of the two principals in
the case John Dewey, the prisoner, and AugustB ell
mont instigated the prosecution The first hour OF
the session occupied by Colonel Spencer OF counsel
for the Defence completing his readings OF the REQ
ords i'm the civil actions tried fourteen years ago by
which the purchasers of the bills OF exchange through
whose medium sought to send the funds to ire
land, attempted to recover the money from
Belmont Co., the drawers oil the bnls
Francis N. Bangs Mr.. Belmonvs counsel
who Is assisting Assistant DistrictrAttorney
Fellows then supplied parts of the records from which
It appeared that the of some OF the bills there
had been prese tation for payment out thas
the money had been pad into the hands OF Barr the
Tweed ring receiver under order OF Judge MeCuna.
and that by the time higher tribunal had order tho
money returned to Belmont 4 Co.tae SUN being about
s2OOO0-there was none Of 1t left These facts having
been brought to the notice Of the jury, oral testimony
was heard
Colonel Spencer. before calling his first witness
said that he deemed 1t his duty 10
say that in the judgment Oh counsel
the defence would wronged the prosecution di nes
put Mr Belmont the stand and give them chance to
cross examine him. eve ask you TO say to us whether
you will call Mr.. Belmont" he concluded, addressing
Mr.. Bangs.
1--WE shant say any such foolish tnng," replied Mr.
Bangs We are waiting on the defence We saal call
Az RaIu, daarn nd
Won't Mr. Belmont is here If the other side wishes to
put him on the stand"
"I call Mr.. Devoy." said Colonel Spencer
MR. DEvoY's TESTIMONY.
Mr.. Devoy's testimony given amid eonsidersnis
interruption. He testified that he had written
the article containing the alleged hDei;
that he had never seen Belmont in his life until ths
of hs case few months ago. and had personal
malice against His motive, he said. IN publishing
the article had endeavor to recover for the sa
cause the money which was 10 question In the cases
that had read An effort to go into the length OF
Mr. Devoys service in behalf OF the liberation OF reland
was met with objection from Mr Bangs, who SAID
that perhaps he would have objections to facts OF that
nature II he were sure would be brought out On
trial OF the however. the witness hsa e-
questions asked OF him In spite OF the
order ef the Court The fact that Mr. Dewey had
suffered in Ireland be said did not confer upon him the
privilege of lbeng American citizen Judge Cowins
said he would deal with each question as It came up and
permitted Dewey say that he had been connected
with the to liberate Ireland since 1851 thas
ne had been sentenced fifteen years imprisonment
had served out Ave exiled for the rest Of tho
term, bis conviction being for political offence
rHE CRoss-ExANINArIoS.
On cross-exaInInation Mr. Dewey said that he knew
that oahoney had brought the civil suit to re-
cover the money, was Irishman; that McCunn the
Judge who tried It, Irishman. but bad ene.'
and also that Barr Irishman. but another bad
one.
We're You not aware that Mr. Belmont made effort
get money from Barr after the Court had ordered
bun TO return III" Mr. Bangs asked.
"Iwas not" answered Mr. Dewey. Il did know thai
Barr left an estate made out Of fraudulent reeevcrshps
out of which Mr. Belmont might have made the money
knew this from vicar-General Quinn whom Belfnons
cent to me'
Being questioned further he said that between tho
time writing the article aud the first trial Vicar
General Quinn came 10 him behalf OF Mr. Belmont.
convince that the statements In the article were nos
correct, aud TO get him TO withdraw them. He had re-
piled TO the that II there sylla'
IN the article which he JQulnnl could show tire.
he wOui take lt backs II he e0ni not DC ne woui co..
nro,luced spme tissue paper which witness believed
to be copies Of statement In Bemonts account TOOK
PORTION the transactions. and left entirely ont tbs
most important detail be decision Of tue Court ,t & Ap
Barr TO pay the money back TO Mr.. Belmont. There
upon Vcar-Cienera Quinn said the proper way to pro-
ceed was for 0'Leary TO whom tine drafts were PAYABLE,
to begin proceedings against the estate OF Barr which he
What we're the sjuggleries the part Of Mr.. Bel
mont in that suit. OF which you spoke" {"
fere property of oLeary and Hopper the state
ments that ne feared other parties might slaim tho
His whole course OF untruth"
Eor ss op wa" thing the claim that the transaction was
simple purchase of piece OF paper over te counter ana
of large of money for which he owed responsibility
TO the deposltor ..,......,,ho. ho h., Gamer
animus in writing the article than TO compel Mr.
Belmont pay the money 10 OIeaIy for the iun, ne
Thought that by writing the article at the time he dl
it might njure Perry Bemonts chances OF election anu
he desired sire d LEFTY s p hs st least Teaped tSe
fruits his fathers action He wished To bring pusc
R9GSh SRmgssh conscience % aad get that money for
people He might repay II to OIeary IN Paris ne oi
fecton but refused to say what especial quality in Mr.
Belmont he relied on for restitution, not knowihg tha
gentleman very well. August Belmont had violated
the trust reposed in him by oLeary There was juggling
on Mr. Bemonrs part lie 1nggod m tns La%eSS YES % Sad
been paid. ,,.,..o,
Spencer wished the witness to be allowed to eXpaa rs
answers The Court thought the witness could take el
celestial vocation that the witness followed, IN whra,
while processing to be ignorant Oh law, ne sehSo, =
witness was allowed to explain what he meant ey as
honesty" and juggling" He refused to allow hi.
neither Democrat nor Repnt lean He was an Ynrss
man. he was naturalized citizen nut hsd n9yep , 'o 49,
in this country. AT the last election he didn't caro-
whether a Republican a Democrat gottn.
EUGENE KELLY CALLED.
Eugene Kelly was called by the prosecution to explain
what the usual bankers under circumstances
where tho person whose favor draft is drawn does
not receive the money such he said, the pur-
chaser is not repaid without presenting the bill OF ex-
change. hypothetical was offered by Colonel
Spencer in which the payee ncapactaed to receive
In such case Mr.. Kelly thought the money should %
restored purchaser of the bill OF exchange on his
giving bond Of indemnity.
Colonel Spencer then began to call witnesses 10 prove
Mr. Deyoy's good character. Mr. Bangs ofernd 10