New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-09-20
THE DEFENCE HAS A TURN.
MAKING A HARD FIGHT FOR IVES.
MR.. BROOKE THINKS THAT HIS CLIENT WAS
THE VICTIM OF A OBSERVATION-DISCLOSURES
NOR HoADIY TEsIIFIEs-A PORTER
WANTED AS A WITNESS.

THE VICTIM OF A OBSERVATION-DISCLOSURES
NOR HoADLY TEsITFIEs-A PORTER
WANTED AS A WITNESS.
The Ives case would have gone to the Jury to-day
had not an important witness for the defence failed
70 arrive In the city from the West yesterday. On
the earnest representation 10 Recorder Smyth OF tho
value Of this mans testimony 10 his CLIENT by Mr.
Brooke the Recorder reluctantly consented TO do
without an evening session. in expectation OF a
late sitting a good dinner had been ordered for the
jurymen in a wenknown restaurant Tho Recorder
invited them TO partale of this meal II they wished
but many Of them preferred to go home As the tax
pavers have 10 provide for all such dinners they lost
money But to dlsbursc cash for nothing is not a
new experience TO them, and they probably won't
suffer much in this Instance
Tie case for the defence is strong one. and ~
mas so far been well presented. All OF the witnesses
examined by Mr. Brooke. and cross-examined by
Colonel Fellows who undertook this part OF the
task for the people -vere respectable. Two OF them
we're men in high standing in legal and political
circles To doubt their word would be an insult
TO all who testified for the defence TO doubt ucir
oath would be lbelous. Woodruds testimony was
contradcted In essential particulars by these repu
fable persons over and over again; and the memory
OF +. III. Short was shown TO be uncertain
Mr. Brooke indicated the line of defence in a
speech that occupied about hour. He IS a fluent
and Impressive talkcr. The language OF his opening
was simple and to the point; and the resonance Of
his strong voice emphasized every sentence He
laid stress on defining tho exact issue under trial
| You are mott he said TO tho jury. trying or
sworn to Try the general management ,,or
mismanagemcnt Of the Cincinnati, Hamilton
and DAYTON Railroad by Ives Or STAY
ner You have been sworn TO try q simple ana
narrow ISSUE and the Court under the law must
and undoubtedly will instruct you that that is tho
sole duty you have to perform. The only issue Is
the ascertainment OF tho fact under this Indictment
whether Henry S. Ives, upon tho testimony. did on
te DIST Of June 1886 with intend TO dcfraud. Issue
hout being duly authorized to do. 1900 shares
Of the stock of the Cincinnati. Hamilton and Dayton
Railroad and You will bear I'm mind that with
respect 10 the material point of this issue, 1t rests
solely upon what was sworn TO by this man, t.
Wilson Woodruff"
Then Mr.. Brooke went on TO review the testimony
of Woodruff, and TO make few incidental remarks
about that Individual After thai, he told what
witnesses he going to call to prove that Mr.
Woodruff had handled the truth carelesSly. It's an
extraordinary coincidence he remarked. " that Mr.
short, so often using honesty the expressions
Il don't remember and L don't ieco
lect' Woodruff heard tie evidence Of Short
Ind adops.d, from entirely different motive,
the protection Of Il don't remember and i don't
tecollcct'7 Mr. Brooke more than limited that Ives
was the victim OF a conspiracy. This said he
d" Is the most extraordinary prosecution have ever
that there is some secret power moving 1t on, is as
apparent as tho sunlight in this room.7 And in his
closing sentences Mr. Brooke associated With ths
something the names CT Russell sage and Sidney
Dillon.
After recess Mr. Brooke began to call his witnesses
The court was crowded and the audience had ponty
of enterta nment. The defence had certainly much
more charac tcfs nc group Of people TO examine than
the prosecution. Beyond Woodruff whose confessed
wickedness alone redeemed him from insipdity, and
the veteran short Mr.. Parker had up some good and
honest but commonplace men Of busincss-clerks
cashiers aud 50 forh-of the type that lGay be seen
every day downtown, 10 put on the stand. But
tho defence made picturesque afternoon Of il. Mr.
Brooke had in Edgar NJ johnson and Ex-Governor
Ioadly two men Of striking individuality. lie had
in Miss sarah L. stayncr the only woman whose
name will appear In the record Of the trial. and he
further diversified the proceedings by introducing
several varieties of and color 10 the witness chair
Mr.. Brooke in high spirits and Colonel Fellows
and he had many TITS Of wit. These and the state
ments and manner Of OF the Witnesses provoked
much merrimcnt and Recorder smythe twice threat
ened TO clear the court. "This isn't theatre or cir
cus7 he said, and II you don't know how to behave.
III tacb yous Nevertheless the Recorder himself
found 81 hard preserve his judicial gravity at times
Edgar NJ. Johnson, who affirmed told how he had
been Influential in getting short appointed assistant
secretary and treasurer at the turnover In The man
agement OF the c., H. and D. road Mr.. Johnson said
that after Shorts appointment he went TO him aud
congratulated him. Then the examination went on
In this way:
Q.-Did Mr. Short at that time say anything To you
about certificates Of stockl Ale did
Q.-WOul1 you be kind enough IN state fully what the
conversation was? Ale said to me: 4" want to know
what shalI do. have signed some stock certificates
ahead. They serial in number ana don't Ike TO
destroy them What shall DO :" said: " You were
Of the coupany"the transfer office was then in
Cincinnati l did not know 1t going 10 be changed
- You them up
Q. (by iurOr)-Did he soy how many ne had signed
A.-No sir.
Q. (ir Brooke)-Did he say there were few or many
Ale ddn't say
Odd you know him to sign any cetifca.es there
afterl Al did not.
Q.-YOu knew the bylaws OF this company Ayes.
| sir.
o.-And you familiar with the regulatonsi A.
The law OF Ohio expressly provides how certificates shall
signed They only be signed by the president and
secretary Of company, and the regulations and bylaws
are different things Under the statute the board of
directors cannot pass regulations They can pass bylaw.
tor their government Regulations must be passed at
the stockholders meeting. The law is very peculiar in
Ohio.
Q-What is law Ohio in relation TO the increase
capital stockl Alt be increased at vote OF at
twohirds three fourths-I forget whchct the
stockholders meeting assembled for that purpose Of
thirty days notice must be giyen directed in writing
! u each stakeholder at his postoIice address
Q-Do you remember the increase OF c., IL. and d.
stock3 Ayes, sir II was increased to four millions
! OF dollars.
Q-You were consulted about II the counsel OF the
| read? Ayes sir.
o-You examined law in relation #
Al can't say / examined ~ that time, but It
! special business and l had 1t at my fingers ends.
Q.-The increase OF capital stock In strict
cordanco with the laws OF ohiof Ayes. sir
Q.-You or your also counsel for Mr. Henry s.
Ives personally Ayes sir.
QIn all his transactions aud dealings with the affairs
Of the G.. H. and D. and the tributary roads that
controlled by 10 you your finn were his COUNSEL A..
Yes, sir
Q-You had frequent and repeated consultations with
him A.-oh, yes. both Ia Ncw-York and Cincinnati
o.-And you continued u have after you left CInein
natl, when your 1m TO New.Yorki A.-Yes slr,
up 70 the date OF his failure.