Telegram-herald., 1888-03-15

saw CAY ~ MS Own OgFeNse-
he Occupies the stana Nearis the Eofirs
Day, Ksste~lu * the KsstimeuB al the
ProsSoalioa &ad Ds1glug ali
of the Charge

ITOSAo4l fCA aAa f9@ ftAk al
of the ChsrGos
The Clay investigation. which has become
familiar % every newspaper reA2er, was Fe-
sataed Ia the Probate Colft yestefday
morning. Ar. y naFd stated that he had
been served VITA certain Eoiies by AttoF-
nev General Tsgsagt and wished it 10 be
ms1e part 81 the reCords- This has been
previously published !. was alisitie1 ~
The Court as wa sis0 Mr. Claws euswer
published Yesterday morning
L. A Ward Was tee nsst witness called.
Questioned by Mr. Cay. he said 1m
lawyer aud practice IN this city; WAS EN-
olOyei by the defense IA the case Of the
People against DR.. \. J Akin. aud assisted
in the trial in the Superior Court, the case
was one which, st the oniset. exclfes great
popular interest. acting FOR NJ. Akin hsi
a number Of conversations with Mr. Clay.
after his election Prosecuting Attorney,
this w4s after the case had been revsrsei by
the Sapreme Ccart and when he would,
natu ally. be called upon 70 retry a. J tried
10 make Mr.. Clay believe II was his duty TO
nolle pros tbe case. NJ. Clay claimed tae
case was one IN wh hich the people shoEe
great interest and he thought he would
have 20 try il. MI. CLAY ana / looked over
the opinion of the Supreme Court, and the
evidence ia my Office had him meet me
Tor this purpose IN order that II possible /
might convince him the people had 40 case.
that there was not sufficient evidence upon
which he could SECURE conviction; ! Jaw
Dr. Akin and his wife frequently during
this time. shd il was 81 Mr.. Atkins soiicl-
tation that / went 10 Mr. Clsy.
Questioned by Mr.. Maynard-So far as
you know. Mr.. Ward. Mr.. Clay studied this
case and performed mis- duty ably, honestly
and faithfully
Mr.. Ward-I don't know that l can tes-
tify he showed any great ability. / think
he endegyored TO do his full duty.
AT this point Mr.. Fletcher laughed, but
not laugh Of the audible sort. Dir. Clay.
after the style Of an angry man. turned 20
Mr. Fletcher and said. Are you hired 10
do the laul hing in this case; / don't like
these sneering insinualions.'
Mr.. Fletcher said be was not smiling be-
cause OF the witness answer, anu Mr.. Clay
looked placid again.
Witness continued-So fzr as ] know
neither Mr.. Akin nor any agent from him
ever offered Mr. Clay any money 70 nolle
pros his case; in my judgmen. Mr.. Clay
| showed wisdom 10 moving to nOlle pros the
| case in the Superior Court. Pending the
| decision OF tue Prosecuting Attorney ss 20
whether or nor he should retry
the case. and when further time was
granted him in the Superior Court
while he should make the decision,
| Mr.. Clay gave reasons Tor wishing further
| time He said two or three witnesses were
| absent in Oregon or California ami he was
| anxious 10 confer with the Board OF Super
| visors, to see whether or not they would
| advise him TO send for these witnesses al
| the countv's expense: the duy before or
| think the same morning Nr. Clay moved to
polle pros the case. he told me he thought
| ne would have to try it. / did not know
! thst Mr. CLAY was to enter such motion
and was much surprised at his action after
| the conversations / had had with him.
| think Mr.. Earle aud DR.. Akin were equally
! surprised.
Gross examined by Mr. Fletcher.-Mr.
| Earle and [ had 2 conversation 10 which a
| tai between Dr.. Akin and Mr.. Earle was
f, discussed. Mr.. Earle said DIR. Akin told
him Mr.. Clay had = proposition to discon-
| tinue the case for money. ] don't thiak /
! told Mr.. Erie that DR.. Akin had talked
| with me about such proposition. ! wss
| Mr. Smith Fi'zgerad's attorney in case
4 that was disposed of 10 the Police Court:
| had conversation with Mr.. Fitzgerald IN
| my Office.
Mr.. Fletche--State the nature of that
! conversation.
| Mr.. Ward-It was conversation between
! attorney and client neither YOU. nor any
! other attorney. will get me 10 testify to any
| such conversation.
! The court held that Mr.. Ward need MOI
relate the conversation.
Mr.. Fletcher ssked witness If any money
| passed between Mr.. Fitzgerald and himself
Mr.. Clay objected streDuoUsly.
Mr.. Fletcher arOsl and made the propo-
| sition TO explain what he proposed u show
| by the witness, and there vas circus for a
| few minutes, in which Mr.. CLAY showed
| clearly bis anxiety TO have the Fitzgerald
| matter left out of the case.
Mr.. Ward Informed ghe court that his
transactions with Mr.. Fitzgerald IN his
Office had nothing whatever 70 30 with TIE
| present investigation. and Mr. Fletcher dis
continued his crOss-examiDati0n.
NJ Clay then called the names OF several
| witnesses some OF wnom he claimed to
have subpUnsei. None 4 them appeared.
and he was sworn himself. lie testified
without question As follows Ia regard 10
| the first charge made bv Superinte ndent
Smith there is not one word OF truth IN is.
for several months after his election a.
| SUPERINTENDENT Of Police be permitted sll
| saloons Ia the city 10 remain open uuul -
O'Clock. midnight This be WAS supposed
10 do under 2 resolution Of the Common
| Council which bad no LEGAL effect After
the new : ate iaE went into effect. allow NJ
Common Councils Of cities 20 permit sa-
| iftNH- I'd kffH open NHAA Al - fftik MF
| Pantiind asked me i fhe resolution Of the
Council Was still in effect. told bin dij
not know. hut would ask Superintendent
| smith ] asked VT Smith 70 meet nc a
The Morton and asked him there rogers p 2
the matter. Mr. Pantlind tbanFcd rae TT
obtaining the information. cid g. In
any manner, so ic.t Mr. Smith 70 PER ths
Morton House 90 keep open alter ihe leg
hours. under the Old leN saloons were t0
..ra.- =
were author zed. hy proper or8iusncs. 70 az
low them to keep apen untii ~ O'Clock ..
| m. this lsv Was in effect when -rper-
I inten0eDt Smith took his oath of office. +,
vas Mr. smith 6atv - ace thai ci,v sa-
looms were ci0se3 ~ 10 p. In.. = Ter TIE res7-
luton ass passed smith bad hs favoriie-
and usfie comp ants egainst sofua sn6 saf.
iered others, no' Elrhsisn5ins TIE CouDciIs
resoiuts o.
NJ Tsegsft protested aga net uhs adrnis.
| sion ~ such testmenr tending 20 show
~ Claws aniT 1ssfv 20 M Smith.
Af tlar-i hsFs no fselnEs tgsinst him
/ II love bim.
Witnfss continued g. During fhe r.s-fns
/ che ress. ufI-H wgs rTrrie.sf ~ ~ r
= ssl9ors fsT sgss tr.a4 ara ef1F fe8 sF
/ keeyna saloon FEES Reea ~ F18 !
/ T. r. ~ arrse ~ 81 ~nifh e ffs ra suv
/ fhat hreef fea Torsn-s ~ iIs 6epsrf.
fae7s w tle reverse s lrse bs
( has esriia uue1 10 s1.r nHfe ~
fesa tre Ater - sHd ais ts.
soeixseF tse rert- c,ssa ts3 ra oer 1fas
1 r=ea~ifrE t1s st-f1 n ef roe e~ 1enas 80
hs5 8ur1 va te Tsate1 80 ssse -
sid eecTrs ~ tbs sea' ~
have h@en o. zrs r. - g. tse Psfes farr
ard ncFs ~ ao. . rrce assss = - las %,
never ssEe5 for vs-rsn- ~ sh9Na - ~
4 f. So ~