New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-11-21


Mewcombe asked about the circumstances attend
ing Duys confession and he said Twas arrested by
bench warrant at instance of the Attorney"
Q-Can you tell when A.-No. sir.
don what CHARGE Al did not know w. ,o, ,voro
o"Td he afterwarii Al don't think think he did
mai went home thai night 1 was bothered could
moi exactly tell; l think officer was with me
eo~WSen Won gave this $4,000 ball. did you not know
the chargcf A.-No, sir. 1 think not.
Snort WORK WITH ONE WITNESS.
Mr. Ncwcombe here allowed TO suspend his ques-
lions to call witness for the defence who was
anxious TO 20 away John Daniels of Broadway Eighth
and Ninth Sta. called. He has a large drygoods
store Thomas F. Grady began to ask him questions
OWN you state whether in your opinion. me puu-
Mr. Nicoll-I object
The Recorder Excluded it,,
Q-Can you state whether there was need OF a'raroad
on Broadw ay as a public convenience lENclnded III,
Q-Were you for seven years an advocate IN e Pono
press and elsewhere OF the building OF surface ROAD OH
The Observation-Disclosures. A..
Q-Are you able state whether the stores and oices
between the Battery and Fourtcenh-st have been IN
creased in value I
The Observation-Disclosures.
Mr. Grady stopped asking questions
Mr. Nicoll-No cross examination. ,
The witness left the witness stand apparently surprised
At the suddenDess of his exit
General Tracy-I suppose then must be mistaken III
sunposjng fiat the question whether this was inel
tons measure or a pernicous one is most III
The Reeor,er~Alsy not be bribed to vote for
meritorious well as for any otheIi h,hor
Mr. Tracy-Of course but IL Is very Important "neva
the vote was for meritoous measure ana so thee %ee
good reasons why the defendant should vote ioi H. no
not how try the case apart from lhd' isSo
The Recorder said he did not what such testimony
had TO do with the question which was simply whether
the defendant had agreed to take bride Several puSl
ness men who had been called 10 give such teshoh! el
the courtroom.
DUFFY AND THE THR1Y-FoURTH STREET ROAD
Duffy's cross-examination was then resumed
O-When did you first become acquainted with inc
charge on which YOU last arrested before you mue
your siatementi Al don't know 1t yet ~, ,,ooo,,so
O-Ncre Won told that you were arrested because
YOU took and distributed brides in connection WIN inc
hiryforth street Railroad Al don't think waS bv
Odd not Mr. Byrnes show you a paper Ngned ny
someone connected with Thirty fourth Street Rail
road Al think did see such paper connection with
the action of any Aldermen ON the Ihlrt!-lourh 0uec
SHDid YOU give any money to Mr.. Fungrafi AIN
connection with what roadi 49,, Ga. po,,
Q-n connection with the Thirty-fourth Street Rail
Glow much did you give, About $1,000 or
%o.wWasit 81 900 or 50 OOOl Al think 1t was $1,000
Odd you give money to any one else IN cohhee'oh
"t oH Wa, mo- nrepaIed yonr statement AIR Nco
Q.-Was fuligraf's statement at hand when you made
Your statements Al think it
O-Nas that the only statement you nader A-Ihere
was another statement think about week ago read
over statement and signed it, did not sign me
second. II was made up by Mr. Nieoh from what SAID
az" oNWhat dd Mr. Ncoll say to you' Ale sand II I
would tell the truth and the whole truth would get this
O~What Ioadl A-Ths about the Broadway matter
Q.-You say you gave FullgTah some money. what dld
OF the Board Of Aldermen A.-Ies sir
Q.-And that assistance was his vote Ayes Sir
MR. NIcoLL sTRAIGHTENs OUT SOME THINGS.
Mr. Nieon took the witness in hand when Mr. New
conbe had finished, and he succeeded Ill Strengthening
ont several matters
O.-You seemed to be troubled about dates Are you
good ut dates A.-No, sir not at all - 49,
O.-You said that you made me full sta tement Con
cernng the Boards action what roads was that made
A-Ihe Broadway. the Chambers street the thirty
QYou did not mean TO say that tulgran was Ine ohiy
one to whom You gave money IN connection "i'h 'ho
Q-Yoa did receive all the money for the IhiTty1our1
Street karoad and distributed it to certain Adermen'
QNow tell the jury just what led you to make E9Tr
and came to the conclusion that this was too
much of a load-this Broadway mater-to carry never
done it, made up my mind to tell the whole truth, no
matter what the consequence. a., A., .,, ,o+
Nh. Newconbe-Iou determined to tell the truth "haV
ever the consequencesi A-Nes, SIR .,so -, ,,,,ru
Q.But you took care 10 get promise 6f e, re-
ceived the promise,
The testimony given by Duffy then closed 1t, to-
eether with Fugraffs testimony disclosed the means
taken by Inspector Byrnes obtain the needed testimony
in the Aldermanic trials The slow wited Duffy whlie
under arrest was allowed paper which gave
or appeared to give statements about the distribution OF
the money in the Thirty Street Railway matter
Duffy became convinced that all the facts about his s-
trbution of money in that were known he tod All
he knew and his statement of paying money to other
Aldermen gave the authorities hold on Fullgran, VINO
had borne good reputation and would make clear Wit
mesa His statement of the proceedings OF the cohpm
ton Of thirteen members full and clear enough Tor all
the purposes of the prosecution.
Mr. Njcoll at the conclusion of Duffys testimony, said
that Fullgraf when on the wncsssand had been asked
rhe ha1f then bee X
cndcd. but TO which the prosecution now wished 10 W-
draw objection. 1t appeared to be proper one u
him the question whether the meetings or the thr
teen members were not for the purpose OF Gecng aDP'
however said that the offer was made 100 late anu nc
denied the motion - 49,, I'd
nearly arrived opening of the defence was postponed
until after the recess had been taken
THE DEFENCE UNDER WAY.
was hafpast when the court resumed its session
infer the recess During interval the defendant talked
cheeruy with his friends and for short time exercised
his limbs by srong backward and forward the vacant
space in the the seats Shortly after the proceed
ings reopened the wife and sister OF the accused man
entered and took seats the outer railing just within
the bar but there was communication between them
and the defendant
General Tracy moved that the case be dismissed
On the ground that there was no evidence to
corroborate the testimony OF tne ple. zen ee
aocompces He held that the crime charged was NOT he
acceptance Of bride the payment Of money but an
agreement accept bride The fact that the dfendan
invested money within short time OF the passage OF tne
franchise did not of itself tend connect him legally with
such agreement The evidence did not rise to the dignity
81 facts tending to prove the commission OF crime or to
connect the with the commission of crime hence
il was the duty OF the Court to advise the jury 10 ac
uuit the defendant account of insufficient evidence
The point raised that there no evidence a
the agreement which constituted the alleged crime had
been made within the city and county OF New YORK .
The Court sustained the last point but the inoon 10 ais
miss owing 10 insufficient evidence was denied
General Tracy then proceeded with his opening ADDRESS
He urged that the prosecution should be required 10 prove
the charge by testimony clearly and distinctly cor
roborative OF that OF the pretended accOmpilces
He showed the danger in which every pegis-
Iator would be placed If it should be possible for any one
leaving the accused 10 prove arnayely that the
charge untrue man so placed had no deienee lie
could only stand up and say that the charge was lie
and that the man who uttered II liar IL would be
shown he said that the defendant had always been
man Of excellent character, and this was the first
suspicion east upon him. He was man OF property long