The evening world., 1889-09-19
BROOKE'SPLEA
Opening Grafton in Defense Of tho
Young Napoleon Of
Wall Street.
IVeS Hangs On the Words Which He
Hopes May Save Him.
ln'ormer Woodruff Held UD to Scorn
and Contempt.
Ex-Gov. HoadIy and Col. Fellows
Among the Crowd of Listeners.

mud while Recorder Smyth was enjoying his
after breakfast fuma in Chief Clerk Sparks's
Office and the genial, happy talk of the Old
official, there lad gathered in Part Ill. oil The
Court of General Sessions an audience which
filed the square IN
Every seat was occupied, and there were
rows of men behind the seats and clusters of
them standing on every open space in the
room.
Every eve was centred upon the little group
in the defendants corner. for the people had
rested their case and Henry S. Ives defend
ant. was TO have his opportunity to show that
he was innocent of the crime charged 10 him.
For DAYS the nonchalance of Master Ives
had been growing moro and more unnatural
a. the Prosecutor presented item after item
of the story Of the fraud which the railroad
vrecker had attempted upon the business
world. and the prospect of many years in
State prison had grown stronger and stronger.
This morning there was a soberness about
Master Ives which he made no effort to con-
ceal. ~Scrupulously neat in his attire at all
times, he was painfully correct when he APP
pcared this morning. There was no creases
of negligence in his dress to-day. His hair
was parted to a hair his linen were lmmacu-
late; his necktie in keeping, and his cadaver-
Gus face. more cadaverous than ever, was
c.eanlv shaven.
For the first day or two of the trial his
counsel held long consT ltatioIIs with Master
Ives, but as the damnlng evidence of his guilt
was brought out there grew "A GOODNESS be-
tween the lawyers and the young rascal. and
there was no cordially in the greetings which
they gave him in the morning, and when
tley had occasion to communicate with hlm
during the proceedings they did SO as II with
repugnance.
1vEs's LAWYERS SOLEMN.
But to-day the Importance of the occasion
made oil the lawyers grave and solemn.
There was TO be no fun for them in the
cross-examinations which were to take place
during the next few DAYS. 1t would not be
Woodruff and Short and McGowan whose
private affairs were to be ventilated, but Mas
ter Ives and those OF his friends who were
still willing to admit their friendship for him.
THE RECORDER WOULDN'T DISMISS.
Mr.. Brooke asked the Recorder to instruct
the Jury TO acouit Master Ives, not on the
ground that he had not done the things of
which he was accused, but on the ground
that he was not officially responsible in New
York, but in Ohio, and because if he were
responsible IN New York. 1t was not in this
city. but in Brooklyn. and another jur. sdic-
tion. that the crime was committed and Re.
corder Smyth had no right to try him.
But the grave Recorder. having listened
with manifest impatience TO the long
harangue of Charley Brooke, declined TO hear
nacious and equally eloquent Col. Fellows
and denied the motion.
ME-. BROOKE ELOQUENT.
And so Mr.. Brooke opened the defense
this morning with a characteristic speech,
but he couldn't say whether Master Ives
would testify i'll his own behalf or not.
JUDGE HoApLY THERE.
Among the crowd of listeners to Mr..
Brooke's opening was ex-Judge and ex-Gov.
Hoaoly, of Ohio, who was counsel for the
G ~ncinnati, Hamilton and Dayton Railroad
Company when Ives got control of it.
MIR. Brooke was a marvel of elegance in APP
pearance, too. He wore a brand new Fall
cutaway coat and suit of black. and a black
and white four, il -hand tie. The few of the
ambrosial locks left upon his fine head were
brushed and combed TO a nicely, and his
rosy face was as clean as a baby's save for the
nicely waxed gray mustache.
Col: Fellows and Assistant District Attor-
ney larker. whose methods of work are
70 their adversary i~ntently, but neither of
them took any notes, and, indeed. the Won
dertul memory of these two triers never
calls for the voluminous notes which are in
dispensable to most lawyers.
THE PLEA FOR IVES.
Mr.. Brooke began in a finely modulated,
resonant voice his address to the jury.
Among the things said by him were the fol-
lowing;
You are not called upon to try the general
management or mismanagement OF the Clncin-
pau Hamilton and Dayton Railroad Company.
let INC disabuse you. You are to try Henry 5.
dref Tor a specific performance; The issue
cincinnati, Hamilton and Dayton Railroad
ttompany, which he had no right nor authority
lfy YOU find Mr.. Ives guilty you must believe all
w rloIy Of T.. Wilson Woodruff;
EtSy1g.Scirt, " Ives s%S SSd fRimanseeiI, i Hfft GSi 8%f iT,i That
r. Itit as Secretary and Treasurer, Ives az Vice
T fERs1'G sidr "n& &h SH''S Se!iys =" Rrs so %oeG Of tPo as .0f #,
tSihm gf to IN bi Sti HfSc the tb 6Gok t :, seals Ssrs % Hrou SRRPPetr r.
view J Olhs that flpy gnta taEpp IN StaNDprl
house IN Brooklyn, 70 an upper floor after break
iGSt, ard that then those, certificates were frau
Iha' is the whole OF this story. II you find
snc defendant guilty, you must stamp that story
You, must ind, not that 9. 900 shares were
G.0T6Soi az some time and t9r some purpose that
nsra III subsequent transactions, but that these
InSImcQIar shares were issued in that third story
m%$rta NJ ' and t tG9t iia . e2S,S Of q Wod sh I MfiG {. cor.
'SVHorated IN every particular throughout,
Ives ana staynHrN may Nave Been bS T' Utility Of a
Yanndret crimes, but that is nothing to you.
cH, must md whether he did this ofe9Se
uGtment.
dhe mere issue OF stock without authorization
SSmrmatively shown 10 YOU to the satisfaction Of
iBTngeI conscience that that issue was made with
ingS a v 90 Hetrand, you are not IuStiied III md
thD1es this evidence come from such a source
mS,nd give it credence9 Does ne commend him
I'LL % you as an honest man and one To be be-
aaiteeSgaejf lie is a confessed partner in the crime
tioMny i he petted and caioled by the prosocq'
lee ~ Ie ms confederate and fellow IN tNe al
SSFStGId cy'me, Is bounded aud pursued to prison
for ; because he has been promised immanity
hsrGI., yaawued before him, II he is TO be believed.
IhouIIIIf n%ls'rici- Attorney offered 20 him that he
""ata and give IA 6I taA;.m1Dy toTArdb ssId