New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-01

but claimed that It's enforcement was entirely within
This brought nom Mr. Cochran powerful and clio
QUent sDeecA In which ha claimed that II was mani
Ing to sustain charge Of conspir:cy. when tho
spiracy itself might never be proved, might be- as IN
which evidence I'm In the event Of such failure would
be entirely incompetent He called upon the ststo 70
give any proper reason why the rue c sno"io rcows
to respond to this challenge but no reason ma rs
he sustained Mr. inc ,scmce >n" "''
WILLIAM NJ WINS COMES FORWARD.
The official record Of Squirrels confirmation was put
! in evidence and then City Chamberlain william NJ.
WINS was called to the stand. Mr. Wins Is the sur
prsIng person who testified before Mayor Grace with
much evident satisfaction that he had acted ss spy
upon Flynn; that he had wOrmed himself into Flynns
confidence had secured from Flynn eliminating ad-
missions, had permitted Flynn to mako to him pro-
posals vicious as the Squire Thompson ocai, haa
led him on in the belief that such proposals were en-
the facts upon which this Indictment is based;
shaving thai Whatever honor may thieves
neutral dstrst is the wsest policy aaong
to oblige Mr. Cochran by proving the conspiracy nrs
UNHAPPY SITUATION or COLONEL FELLOws
Mr. wins was permitted to 60 into the narrowing
details of his masquerade Flynns best friend The
ingenious Mr. Cochran brought him mp short on the
poLt of an objection He got the chance TO say that ne
occupiei the office Of City Chamberlain and that he
nnmbered Mcssrs. Thompson, Squire and Flynn among
his ac uainanoes. but when he was asked to tell what
Thompson had said to him In January 1880 relative 70
,he appointment of Squire. MT Cochran drenched Tn
court with torrent objections He said IL was we'll
settled prncpe OF law that admissions Of any con
sprator made the piracy accomplished were
not evidence against his fellow cOnsplrators He might
well object to what Thompson said anyhow, since
Thompson was dead and not indicted with these DEFEND
ants. But he would be generous to the Dlstrict
Attorney He would admit that ThompsOns relations
Shavu ha ware he
ami Flynn bat the conspiracy must be shown by other
evidence than the statements of alleged cOnspiratOr
subsequent to the contamination of the plot
Colonel Fellows rose presumably 70 dispute this
ground but he evidently did not know how to do It, He
said that conspraces not like crimes against the
person. easy 10 prove They Matched In secret and
could be shown only ny the confessions OF the cuprs
He might we'll concede at once that II he was not per
nitted to prove the conspiracy by the admissions OF
these defendants after they had got the Office hey we're
lotting to CAPTURE. there end to the peoples
case. They must abandon the prosecution
The defendants lawyers were highly delighted with
this admission II was JUST they said, what thew had
all along. and both Mr. Cochran and Mr. Howe
soft Establishments and gentle phrases assured the
ward SITUATION he was in He had not drawn this
defective allotment. He had not mapped out SO unaw
full a prosecution 1t was his unskfifu predecessor
Judge MARITIME and the dull persons had about him.
ike Mr. Nicol who were responsible Tor the COoneTs
Whereat the Colonel shook his head and SAID indeed.
that he free acknowledge that be would have
indicted Squire for writing the letter aud not for con-
spiracy had he been charge of things at the time But
s cOnteuded for the right To the conspiracy
Dy admissions after s aoc ompisbment when taey all
dovealod ana showed concert and agreement Of action
Then first lawyer AMI then another talked and
talked and talked Ex-Judge Davis even discoursed on
Aaron Burr and Ben until the twelfth Juror
bowed his weary bead md slept Mr. Dos Passos tried 10
get In feeble and the impression exists that he
really gong to say something pertinent Tor MI.
Cochran, turning 9 sgey him, SAID: " Mr.. dos
Passos IL you Win oaly allow this argument to remain
with Colonel Fellows, IL will at least be ntelligble
whereat Mr.. Dos Passes looked unhappy.
At Iast when the defence had packed Judge Lawrence
with decisions supporting their view and the prosecn
ton had cited four and Others whoh Honor Will
find on examinatou," the court adjourned until this
morning II ia hard to see on the argument how the
can avoid deciding for the defence but perhaps he
NAV a way the case which the prosecution
did happen to think of.