New-York tribune., 1886-04-20
GENERAL SHALER'S DEFENCE
THE CASE FOR THE PROSECUTION CLOSED.
ruE GENERAL 10 TAKE THE STAND To-pAY-EX-

.rb;nxi like aspect when he came into the Oyer and
Ierminer COURTROOM yesterday morning. His legai
and social attendants there to back hlm up.
Tx-Mayor Edison vas at his elbow and the friends
aud relatives" behind him. The first witness that
the prosecution called III continuing their case was was
BENJAMIN d. Falrcnlld, real estate broker WIZ p
testified TO the purchase of the site for the sth
Regiment Arnorv IN 1884 from Pelham -. Ueorge
Blssel for S3l 600 and TO the sale of the same 10
the State for $3.50. 900. This was consummated
through the good offices of Monmouth B' Wllson' s.
who received 81 300 as his share OF the PloH'S'
There was no croSs-cxamlnauon. o...,
F. A. Walton. vico-pres idcnt OF the Cltlzens in-
snrance Company, testified that ne knew Wilson
and shaler that the Hacbensack nan' o on ro
he was director. hed in 1884 mortgages on prop
erty of General Shaler in New,Jersev 10 tne amount
of S13 $50 which was more than the properly was was
worth thar IN response to al his requests Ocnerai
ShaIer had made only small payments upon these
mort ages: that he had recommended 10 thc pank
directors that they settle the'r claim IL possin,e
for 50 600 which agreement haVlng Deen madc'
Monmouth Il. Wilson tock up the mortgages
on September 10. 1854, paving for them $4,000
in Two checks of 81 900 and Ss,o00 respectively.
Then an element of pictnresquenesS was intro,
dnced INTO the trlal. Wakeman-H Dykeman,"
called Crier Ricketts,. and whItc-halred old gen
tleman after vainly try ing to Chamber over me
clerks railing. was led around the corner, and
holding up thin white hand; sw9re to teil me
truth the whole truth, aud nothing oa ahe ,ru
and formal clearness of the utterances OF
a gentleman of the old school, Mr: wake,
mhau' h,s 'ninetv.dve wtv Years. said that he was
secretary of the Sinking Fund Commisslon After
adj SDectacleS
Two bnlky volumes that Mr.. Nico handed him and
identified them as the records of the commission
When many. pages of records bearing on the pur-
chase of armory sites had been read by counse' on
both sides the witness, who had been strokilg his
scantv white locks and wlplng his sPectacics
in fdgetty manner, asked that ne mign. pe
excused to attend to his other duties. " I've
been in the service of the people over hall
n century he added, "and have always tried to
1eo Ss gqnclT erantea and followed by the kindly gaze
of the spectators and a smiling glance from the
digniied Judge himself, this venerable servant OF
the people pattered on of the court room
Next son-in-!aw William &. ShalleI identlned
tire Maior,GeneraIs commission of the de,
fendant. Charles A., Hess, associate counsel
was toying with the truth before the Gibbs Coni-
mntce gave some evidence showing that the letter
contempt was not known to Wilson un he had
yielded in his fight with the committee. Some new
testimony WAS offered IN the shape Of DIGESTION ToDa
witness F. A. Walton. He said that he
was a lawyer and had drawn up some
legal document in December, 1854, transferring
the title to the mortgages to which frequent refer
ence has been made IN the case. from wilson to
Shaler. lie wasn't quite clear as to whether these
were of the nature of satisfaction .pcces or simple
description. Mr. MARITIME announced that the prose-
cutlon would rest their case here.
The defence developed an unusual tendency to
harangue the court and Jury on al occasions ana al
the slightest proVocation. Mr.. Howe led OIL with
htte speech III which he moved tnat the case be
thrown ont of court because first man cannot be
convicted of bribery on the testimony of an accom-
phce ",and such." said he. !" is the self
confessed perjurer. the main witness of the
prosecution, If their indictment is true,
and secondly, because his tie timony should not be
accepted since 1t was coniradicted by previous
statements made under oath. Mr.; Graham then
gave the Judge some points on law: lie man,
tanned that he facts stated in the indictment dld
not constitute a crime. He tore the unfortunate
Wilson limb from limb and hurled the pieces
straight at the Jury. He hoped that, if the court
should allow tie case to 90 TO the jury. they would
flta lIeSn nt M
In the afternoon session Mr.. NIcoll said in reply
that the counsel had omitted all reference IN their
remarks TO testimony other than that of Wilson
In the opinion of the prosecution the whole mass oI
that testin Ouy was conoboratlve of Wilson's and
unless the Court held a decidedly different view,
they would reserve their summing up
jary Mr.. Graham started to reply
10 this unlind cut, but the judge broke IN with the
remark that he did not wish TO hear the pIoSecu-
tion as his mind was already made up. He had
only listened to the arguments OF the defence to
had faiied to do aud he should deny all their mo-
tons grounds stated by him at the previous
trial. In the matter of Wilson's being an accom-
phce the intention of the law-lnakers must
BE- taken INTO account That intention
must have been that there should he
sonc opportunity for the invest CATION OF bribery
cases. If the court stool upon the nGld technical
ity advanced by the defence no case could ever
come TO trial, unless the hrlber and the bribed IL
vitcd some pure and disinteTeSted witness to be
present at their meetings.
Mr. Root opened the case for the defence with
hour and half to do it: including
and the departure, of the 7th for Washington. Mr.
Graham deeply affected. lie jury yawned
Judge Van Worst came IL. took a sat beside Judge
Barrett. and witnessed Mr.. Roots closing remarks
with evident interest. EX-MayOr Edison was the
fist witness He told the story of the beratlons
o. the Armory Board over the site for the sth
Recim.nI There was a running fire of objections
from Mr. Nicoll. majority of which were
sustained One of these was followed by lively
I'M. ii,lpI hp
Of the prosecution to the defence Mr. Graham and
his associates were aboring under the impression
that the prosecution maintained the fOIstlng upon
the city of the peGe Of property concerned az an an
inflated value. The judge said in support of his
ruling as to the adnissbilty of cer'aln evidence,
that the theory OF the indictment SIMPLY
while in the regular discharge Of his duty
snd for an act not eSi necessarily wrong NG1S
ham retrcated behind his brcastwork OF books,
papers. hats and satchels from which he gave the
Jury the benefit of several sarcastic observations,
until the Judge requested Mr Howe to 90 on with
his examInation. The following questions and
answers were allowed by the courtesy OF The Judge
upon a strong plea from the defence:
Did General shaler do anything more than any other
neruber of the board to uhnencc the purchase OF the
at Ninety hfthst Al never knew Inn to do any
thing or anything that led to suppose that he
particularly desired the purchase of that piece OF prop
eriy
Ip the cross-examihation Nh Nicoll eli cited the
facts that though there no record III the book
OF tue board having authorized General Shaler 10
ask for the refusal of thus property slii Mt Edsons
Impression was that the General had been 50 au
tLorizod. The ex-MayoT said he never voted to ask
for the refusal of any unless he had personally
ted them, but when pinned down to the point
be coudnt say that he had ever seen this partlcu-
lar site previous TO the date OF General Shaers let
Ter to Yo:an asking for its refusal.
fine counsel for tho defence asked an adjourn
meDt az o'clock they had no other witnesses in
court and wished 20 reserve the defendant for TINS
morning when the case Will 20 Oh at 10 o'clock.
MISSING AGENT WITH SHORT ACCOUNTS.
Rumor, Of q delalcatiOn to the extent of hun
dreds of thousands of do lars disturbed the mem
Io,, of I he produpe EXCHANGE erdaV. DillgeDt