New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-08-04
4 LIVELY TINE At THE Levy INQUEST
A LAWYER WANTS TO cRoss.ExA ANIME WIT

A LAWYER WANTS TO CROSS EXAMINE WIT
NEssEs. BUT THE CORONER FoRBIDs 1T
The legal fight of Coroner MESSENGER and tho jury
In the case OF Mrs. Levy, who was Killed by bod
tail car against the representatives OF the twenty
third street Railroad developed yesterday into pitched
battle When the inquiry was opened at O'CLOCK
Counsellor House, for the company, and James ~
Dennson appeared side by side at the counsellors'
table. Coroner MESSENGER supported by Assistant
District Attorney Macedonia and the jury. Edward +.
Cody, the undcrtakcr told how he saw the woman
under the car wheels and helped TO get the car OIL the
body. lie then told how Officer Churchill came on
the scene and suggested to the driver, Duffy, that he
get the names OF the passengers on tho car as IL
would make It easier for him. The witness also
stated that of the women In the car said 1t was
shame that the officer should take the part OF the
driver when It was his duty to arrest Duffy.
When Mr. Cody proceeded to tell how the driver,
when asked by Officer Churchill how he came to run
over the woman, replied Z" l did not SEQ her, was
making change at the timeD the pent-up storm broke
loose A juror asked the Coroner II It were In the
province OF the jury to ccnsure Officer Churchill Tor
the active interest he displayed in favor of the com
pany, when Mr. Dennson interrupted the proceedings
by asking tho Coroner:
Are you going to insist producing the books'
Coroner take this ground that the counsel
for the company are trying TO interrupt this court
shall not permit counsel to interfere with any witness
Mr. Dennison-I want know. Mr. Coroner, II you
want Secretary Mclean to produce those booksl
The Coroner-We those books. and are determined
TO have them, and that very promptly, too.
MI Dennson-Then have some papers here TO serve
on you, and might as well serve them now II that Is
your decision. is writ OF prohibition and amdaVs
I'm support Of IT, to prevent you from proceeding any
further I'm the matter, far as IL con-
Germs Mr. Mclean until test this question OF the
production Of tho books.
In the interest Of Duffy, Counsellor House De
manded to be allowed 10 crossoXamine the Witness
you are denied said the Coroner
Mr. House-Then it is use for me to sit here o'a
Won good afternoon Mr. Coroner and gentlemen Of the jury
Mr. Dennison-Ge Of the jury. the proceedings
10 far as MI Mclean is concerned are stopped
Mr. House-Mr Coroner. since am not allowed 70
Driver Duffy and the amendment Of the
law which gave you, Coroner the power to act as
criminal Judge as well passed take II that
whom person is arraigned crime. the accused has
,ob 70 he presented by counsel and /, as Mr Duy
counsel have right to cross-e xamlne witnesses re-
Quest nermssion to be allowed ask this witness
question.
The Coroner-You are denied the right
The witness then concluded his testimony, and
Ceoree Estlere OF No 344 West Sixteenthst, tor-
nery conductor on the Twentythird street Railroad
testified that he had acted conductor ana uriVcI'
and made changa kept lookout for passengers get
ring on and off the car and also for persons crossing
the street ahead OF the In addition 10 he nc na1
Instructions to keep children off the platforms, ana
those instructions were given by Mr.. Mclean. Some
Of the cars would earn SO a trip, or Soo uaS' ih'
cars made from twelve to fifteen trips day ,
Joseph Sheppard, of No. go west lWehty THRIFT
ST. testified that he the woman pulled rom uhuer
the car wheels. Her head was crushed ColOher
MESSENGER explained to the Jury ina, tno ,p
than they would have before grand jury Inc III
quest was adjourned until O'Clock on Wednesday