Morning journal and courier., 1886-11-19
mcQUADE,s TRIAL BEGUN,
Rulnors That Another Ex-Alderman
 Will Turn States Evidence.


 Rumors That Another Ex-Alderma, Will Turn States Evidence. NEW YORK, Nov. 1S.-The trial of ex
 Alderman McQuade began to-day. It tool
 three days to get the jury. It just took thi
 time to obtain the jury which tried Jsehne I It was so dark in court that the gas had te
 be lighted. The first thing done was the dismissal until Tuesday next of the extre 1 panel of jurors summoned. Conspicuous in 1 the throng in court were ex-Aldermen Fincke. Reilly and Farley, all of the board l Of 1854. They had been subpdnaed by the l defense and it was said that the defense had subp9naed all the indicted board of alder men of 1884 who are now in the city. Ex- Alderman Waite was in the building, but did not appear in court. Ex-Recorder Smith l counsel for ex-Alderman Miller, sat near the Jury box and his presence was associated with rumor that ex-Alderman Miller was to be a witness for the prosecution. Inquiry, Tailed to trace the rumor to @ reliable source. District Attorney Maritime made the opening address. He commenced speaking at 11:3O. He referred to the trouble in getting a jury and the importance of the case to the State and the defendant. He outlined the case beginning at the passage of the railroad act of 1884. At the conclusion of his ad- dress General Tracy asked that the prosecu- ton should elect to try the defendant on the second count of the indictment under sec ion 72 of the penal code. Mr. Nicoil refused this and declined to say more than that the prosecution would try the defendant on the first count. General Tracy remarked that the first count of the indictment did not COIL stitute crime, but he asked the judge to in struct the jury that they could not convict under it. The motion was for the time denied. The judge, however, al- lowed General Tracy to reserve the right to make the motion at later period MT. Nicoll then put in evidence the articles incorporating the Broadway sur face railway. Captain Francis J. Twomey, the veteran clerk of the board of aldermen was the first witness called. He testified as to Arthur J. McQuade's connection with the board and identified the books and papers belonging to and the proceedings of the board. While the trial was progressing MT. Maritime addressed the recorder and stated that he had just learned of the death of Gen eral Arthur. The imperative nature of the pending action and the hardship to be en- tailed upon jurors by delays precluded his moving for an adjournment, but he thought it proper that an appro- priate minute should be made on the records of the court expressing and member of the bar. Mr Maritime added brief eulogy of the departed ex- President. General Tracy of counsel for the defense seconded the district attorneys motion. He had had the honor to know General Arthur for a quarter of century and could testify to his elevated qualities. Called to the presidency under peculiarly trying circumstances he had discharged the delicate duties with wonderful success. Re- corder Smythe said the motion WAS eminent ly proper. He could also from intimate ac- quaintance concur in the testimony of Gen eral Tracy to the abilities of General Arthur and the admirable manner in which he had discharged the duties of his high station. The trial then proceeded.
 The evidence of the first witness in the McQuade trial was a disappointment to the prosecution, inasmuch as MT. Twomey stated on cross-examination that the famous special meeting of the board at which the railroad franchise was voted was not a secret meet ing. He stated that while some of the alder men came in through private side door, others entered by the public door. This statement surprised Assistant District Attorney Nicoll that he involuntarily ex- claimed: fYou told me that no one came in through the public door!" "I never did," angrily retorted the witness. At the same instant General Tracy, Senator Grady and MT. Newcomb, counsel for McQuade, began shouting at Recorder Smythe: ''We object, we object" When the furry was over Gen eral Tracy added: "We object to statement of a confidential communication" "Go on," said the recorder laconicallv. MT. Nicoll took his seat and scowled at Twomey, who seemed willing to testify as MT. Newcomb desired to the effect that there was nothing remark able about public meeting of the board of aldermen granting railway franchise. Then MT. Nicoll took the witness in hand again and made him admit that the opening of the public door was an afterthought, that the d or was closed when the meeting began, that there had never been any other meeting of the board at o'clock in the morning or following the euiogies rpon General Arthur, der & Green was called by the people to avenue company paid Mr.Lyddy to withdraw they could vote the Broadway franchise wi bout being in contempt of court. Record Srnythe excludes the evidence not inn Lli- eating McQuade.
 Mr. Bright, one of the attornies of the Broadway company, was the next witpess. He identified copy of. the order vscatiug the injunction and testified that after procur ing the order he met President Richmond of the Broadway company, who was standing with Alderman Waite outside the courtroon. MT. Bright declined to say what his relations with Richmond were the ground that he was acting counsel.
 Alderman Waite was called. He admitted having reported the Broadway franchise from the railroad committee of the board. When asked who drafted the report he said: The Broadway railroad company" This caused quite sensation. The court adjourn ed until to morrow.