New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-11-19
TWO MORE TO JOIN WAITE.
FULLGRAFF AND DUFFY READY TO TESTIFY
THE TRIAL OF M'QUADE PROMISES TO TO BE INTER-
EsTiNG-HOw The CASE WENT on YEsTER-
DAY-DUFFY ALLOWED TO Go HOME
BUT FuLLGRAFF KEPT IN
CHARGE OF A DE-

BUT FuLLGRAFF KEPT IN
CHARGE Og DE-
TECTIvF.
The interest in the trial of ex-Alderman McQuade
increased yesterday with the beginning OF the tes'
mony. and the last evening that ex-Alder
men Fullgraf and Duffy ready to testify TOR the
prosecution promised still greater interest in the trial
to-day Fullgrah and Duffy visited the Distriot-At-
torneys late in the afternoon and remained In Assist
snt District-Attornoy Ncos office until O'clock
when 1t became evident that their testimony would
not he needed last night. They were not arrested
| but detectives sent to inform them that they
might be wanted yesterday. Mr.. MARITIME had con-
yersaton with the two ex-Adermen before they left
the brownstone building
The presence of these two members of the Board Of
1884 led to the belief that the whole scheme Of fraud
| by which the Broadway franchise was secured would
be laid bare at the present trial. Inspector Byrnes
testified on the Jaehne trial that aehne told him that
q majority of the Board of 1884 formed combination
ut Fungrafs store early in that year. 1t has been
said that they we're to control the railroad business
and only bring in outsiders when it necessary to
pass particular bill a If the details OF the
meeting OF these members are made public the trial
Will be a memorable
McQuade Is much more sedae and quist than when
the first OF the jurors examined. His guardians re-
port that he is confident of acquital. He wears how
chatty when the first called he has begun to
develop lines OF his forehead He sat yesterday
quietly watchful Of the proceedings His wife, wearing
ghtcoOred waterproof cloak her handsome black
and sack sat throughout the day in the enclosure
reserved for female witnesses where occasional muir
Of the testimony could reach her The jury en-
tered the courtroom about o'clock They did notappear
TO have suffered from their compulsory entertainment at
the Asor House. They had been carefully watched and the
court officers said that had been allowed To con
verse with them. A few messages from the families OF
the jurors received and delivered to them when they
reached the court
Recorder smyth had long call from Judge Glider
sleeve, who beside him and listened to part Of the
testimony. Ex-Aldermen Wendell, O'Nei and Farley
were among the spectators Besides Attorney
MARITIME and his assistant, Delaney Nicoll
who took part in the prosecution OF the case
Assistants Fellows and Semple were behind the
clerks railing General Tracy bore the main burdenof the
for the defendant He constantly on his feet
making objections to questions put by Mr. NicoL Mr.
Newcombe and Mr.. Grady took part occasionally in the
work OF objection Most OF the points had been passed
upon in the Jaehne and the rulings were In most in
similar to those that trial ExRecorder smith,
counsel for exAlderman Miller and John H. Bird, who
appears for Thomas Kerr listened TO the proceedings
The testimony given during the day was for the most
part formal consisting proof that the Broadway fran
chse granted by the Board Of Aldermen and that the
defendant part the series OF transactions that
companied the granting Of the franchise. Mr. MARITIME
made the opening address to the jury He spoke IN a
clear and distinct voice and told the facts as 10 the acoh
Of the Aldermen of 1884 which have become familiar
He said
tns NO we es 70 act only with perfect
wha is that which has kept this 80 Growasa & b
consent % the local authorizes be obtained any
T1In" men ts city and the override
the Mayors II Of was G asS @ aSng the
ronie or 10 apply 70 ne ne The appncaton was
made ed Which sS - dsce O In ros sg0r 9.
ONE one OF the most Valuable that possible to i'm
fsn Rrsdwa2 a9'rs surface nisS sSo
There at .hls time clerk or reader MaoDny in the
ESS EG9r lived freely sSon town %S salary Of about
he was not on duty at the Board no could usually
had at No. Isl broadway the offices Messrs Robinson
| scribner & Bright
Mr. MARITIME gave the chronology of the transactions
| which may be summarized thus:
June 80 1894 petition Broadway Surface Railroad filed
win soed .A Of d AuE m R%oc o Snt
FRANCHISE passage of resolu August 10 Mayor Ed
grs veto August 2S geition or. OF Broadway oN
eciing surface Railroad petition Ausust 2S Alder
LAWYER paying s259o obtains eonsspt 70 dis
obtains order dissoving Injunction August 80 a. m.
Of , sp ss Pcs ssa BY
on Counsel La ombe: october new petition by Broiway
om%e October 1'io'r iS by Mayor o6ecng
o Rsvay S'SET report
chse and the franchise granted; Nevem6eT "a Mayor
over Mayors veto
The DistricAtorney said that the remarkable things
aSS aSS1 hass seIS %h weTe Sown BY all Who anything
do with the matter. He praised the acton OF ex Ader
Waite showed that that witness would give testimony
which has not been made public lie said that
nrace road % early on the morning Of August 80
he and Mr. Richmond went to the County court House
and Waite received the order dissolvng the injunction
from Mr. Richmond or Mr.. Bright. He had previously
had a conversation with Mr. Richmond Mt Marune
finished his plain recital Of the facts by stating that his
own acts taken simply in accordance with his sense
Of the duties Of his Office He proposed 20 TRY 'ne rSis Se
is count similar to that under which Jaehne
Of S h. psSs cods by Which oSeTy may So
ished by imprisonment for ten years. ,,.oo -
MI Nco opened the case by IN nn eyde@cf d fb
Broadway Surface Railroad Company which was , re-
ceved. although General Tracy objected MI Nle0li tne
called to the wness-sand Francis J. Twomey, clerk OF
the Board OF Aldermen who testified for long time IN
and gray whiskers He has retained in office under
successive administrations since 1870 except or % ,Jn
printed copy which remains in existence Of the proceed
ings OF the Board OF Aldermen OF lss4 inns copy nas
It evident would be needed in the criminal
proceedings against the members OF the Board w
that all the other copies were purposeIy destroyed. ~
Mr.. Twomey testified that Arthur j. McCuade was
member of the Board OF Aldermen in 1854 and tha ne
was present at the meetings which Mr. Neo called at
1 S Se es1 rs%% S%
nor June % proposing that future railway franchises
be put up at public auction General Tracy opected Uu
the resolution received Mr.. Ncol also read tht
petition OF the Broadway Railroad Company ana the pro
eedngs OF the Board OF Aldermen in relation 10 IL OF
June 30 and August g. and Mayor Edsons veto OF the
resolution. .
When Mr. Twomey said that from the printed copy OF
the proceedings he could that Mctuade was peseh
when the veto received General Tracy SAID
We well make here an SDeGSp S nySaet Tnst
proceedings are not competent evidence.
Mr.. Nico showed resolution by which the preceding
publishedby the authority of the Board OF Aldermen
made evidence In certain cases. The papers Ill th'
Lyddy injunction introduced but were no
| read,
Before the recess was taken Mr. MARITIME made ant
General Tracy seconded motion 10 enter minute ii
honor Of exPresdent Arthur. The motion was grantee
| by the Recorder. ,
The jury obtained OF an hour for uncn
although the Recorder ut first thought half an hou