New-York tribune., 1886-05-16

sovn and the Inspector said "Wait Till close ne
door," He shut the sliding doors OF tne nan an"
pushed open the door OF the room where we lay
O-Could you hear their conversational A-Distinct-
Q-Teniti A.-Tpe Inspector said; "Things seem TO
bc getting hot Jaehne. heard to-day that you were
going TO away" "who told you T. he asked MT
MARITIME" answered Mr. Byrnes How In the world
did he hear OF III I only spoke to about that
That was Harvey" "You had better be careful who
YOU talk to-" said the Inspector Then Jaehne asked
him how about MarIine. The Inspector said MARITIME
would have TO proof against the others to let any
one or Jachne promised to give more proof against
them in time They then talked about the franchise and
Mr. Byrne asked $4,000 that was got In each
case. Jaehne said "Yes; every man OF us got his
$4,000"
Q-Every mani A.-That was what he said every
man"
o-Dd Won hear them converse about any other fran
chise A-Yes.
Q-what did they say
MIR Newcombe objected. and his objection was sus-
tanned The insisted trying one crime at time
O-Wen. what then A-Afier all these things wsre
talked over Jaehne said he had an engagement with
friend who thought, could call OF Martinc and he
agreed the Inspector the next morning, at IL
o'clock.
ODD you talk with Byrnes Ale asked me II
heard the talk, and SAID did. Afterwari made re-
port OF the conversation.
Q-That is IN the line OF your ordinary duty A.-E1-
actly.
Mr. Newcombc crossex amin cd the witness severely.
but did shake the testimony Ii was an effort to NIX
him up. but Mr. Rogers untangled each question IN his
answer and stuck to his story.
The prosecution offered TO show by John Scott, the
Rochester witness that Alter. Jaehne's agent had told
him that the $1,000 bill which Jaehne acknowl-
edged to Byrnes the fruit Of his Broadway vote
vs. changed by him with that understanding. But the
ur would not permit 1t on the ground that was H.
compe ent evidence. The prosecution then rested
hat ourca sa IA
ATTACKING THE INDICTMENT.
Mr.. Graham moved the court TO ais
miss the indictment on the ground that
the Grand Jury had been trcked aud deceived by
Byrnes into making a menIacous Indictment IN
speftor Byrnes said that he knew Mooney to be the
briber and yet he refuses to tell that to the Grand
Jury and body had erred in not pressing him. 1t
then went and described the briber as person un
known. That point fatal to IT, Moreover. the
Code of Criminal Procedure had been grossly insuted
aud tramplei in bringing in the Indictment The
Code required that but legal evidence could be
heard yet il Appeared that lot OF stun had been
out IN that would not be tolerated in a court
Mr. Graham's talk as usual was violent and incoher-
ent General Pryor followed with cogent argument in
support of the dismiss He gracefully apollo
gizcd taking the courts tue. but Judge Barrett said
that he wished near him. He insisted that the in-
dctment faulty because failed to connect Jaehne
with a designated bribe-taker, though 1t was
testified to the person alluded in the
paper to be unknown was in fact well
known 10 be Mooney. Mr.. Nicol reply but the
said that he did not need to speak 1.-THE ground
advanced by Mr. Graham. lie continued, "is most ex-
traorlinary and unwaranted. So far fom be rcked
deceived appears by the evidence that the Grand
Jury most accurately and correctly Informed
Mooney not the briber and no such evidence has
been offered. 1t is shown by the prosecution per-
haps OF its who the brbegver is They
have clearly proved II their witnesses tell the truth
that Mooney the agent OF the brber But whom he
served is not apparent. 1 must deny the notion"
E"Then please your Honor said General Pryor, and
consequently upon YOUR Honor's decisoO must move
to dismiss upon the ground that your Honors is
without jurisdiction. II Mooney is not the bribeT. we
are wholly without evidence that this crime
mted this city and county. the Indictment alleges.
Not, indeed. that act was not done, but
that the alleged corrupt agreement made in this
city and county"
ON this point the General submitted number OF
precedens But the Judge proceeded TO knock down his
fabric YOur argument, General" he said.
"is to a denial of the competency OF cir
cumstanal evidence. 1t is here shown that act
done and of money paid both with |
out the jurisdiction OF the court and
that a confession afterward made con- |
Meeting the the payment of money corrupt
act paid for as brlbe Now you ask NE to dismiss on
the ground tnat there evidence show that the
agreement upon which the done aud the money
paid made this city and county DO you wish me
to assume that they out OF TO give the
promise and came back fulfill ti must deny your
motion.
OPENING FOR THE DEFENCE
Mr. Newcombe ssked for an interval Of time during |
which he might with his client and colleagues
as theory they should take OF the defence The
Judge did not regard this request with favor. "You
have had months do that in. SIR" he said, rather
codly. this jury is locked Sunday 1t must
not be my fault. You must proceed" Mr. Newcombe
opened the for the defence. It was plea for
sympathy. His client. he sid. was the victim of a
wicked conspiracy. He should show that IN granting
the Broadway franchise the Aldermen had |
only done their duty 10 this city and |
Gone ii well. The franchise well paid for The city
received a full consideration for wnat II gave He |
would show that Byrnes and his two detectives had |
sworn falsely. He att cked the District Attorney. the
newspapers and the Senate Railroad Committee and |
decl ared the whole affair put up jon to draw public
attention away from the Official shortcomings OF MI. |
MARITIME and Inspector Brnes and to hound his Innocent
client the penenliary. He should put his client on
should prove by him that had not been
exposure he himself made of transaction that
falsely construed might have been thought to place him
in an unfortunate position, which transaction was
known the District Attorney and to the Inspector,
this would have cen heard from They were
placed in light OF comI Ounders OF felony and it
was to their own heads that they now engaged In
this ruthless and mercess empt sacrifice his client
He put in evidence report OF the Aldermanic Rail;
roal Committee the Broadway petition, and also the
testimony taken before It, He offered In evidence the
testimony before and the report OF the Comts-
soners appointed by the Supreme Court ana the decision
OF the General Term; but IL was Ill ruled out Mr..
MARITIME put TIE stand an asked to produce the
minutes OF the Grand Jury. Tne court declined TO
require their production hut said he might be questioned
as 10 Byrnes's testimony before that body. lie Was
excused.
JAHUNE on THE STAND.
After the noon recess Jaehne was put on the stand
His testimony was to this effect:
/ an the defendant in this action, am thiry-seven
years old. married. With four children. l have been
Alderman for four successive years since lss2.
5ewclcr which ira 10 | learned with Isaac Herman
IN BrOOinest when elected NV brother my part
ner at first but lie died seven years I
know Inspector Byrnes. The first time | met him
IN the fall OF 1882 Since then | have met him fire.
quenty. He always very friendly. We were in-
timate. l a member OF tue Board when the
Broadway franchise WAS adopted and voted
At prior to that vote did