New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-03-10

One OF these Is curious looking Old man, WIN
divergent eyes and an abnormay solemn countenanoe
who always attends upon every sensational case.
sleeping peacefully In his chair while the lawyers
wrangle He was court officer years ago, and they
say he thinks the judicial system Of the city would
speedily crumble and decay he 10 absent himself
| for any length Of time from the courthouse,
Mr. Justice Daniels, Of Buffalo, who presides at this
trial. is very different sort Of man from tho eminent
fudge before whom Jaehne, o'Ncl and Sharp were
successfully convicted for their share in this same
| conspiracy. Judge Daniels Is older than Judge
Barrett much softer in his expression much gentler
| in his and In the tones of HIS voice. he Is
esteemed by lawyers to DO one Of the first class 10 all
that a2pertAins to the Judicial officer His face.
though always grave. Is always benign. 1t is the
face Of good man. Small sharp, quick eyes lend to
It curious expression OF kecnness and the amiabh
movement OF his mobile lips betrays that sense Of
humor without which can. be fully equipped
to deal with his follows In a position OF authority
Judge Daniels IS seltmsde man, one who has risen
| TO q high place from humble beginnings. am told
he a shoemaker's apprentice and read law, Ike
| whittior's "Tough Old Teuton."
Upon his cobblers form.
With pan of Goals on either hand
! To Keep his waxed-onds warm.
His quiet reserved but entirely goodnstured man.
I ner imparts a charming dignity TO his court, and
renders sccneso obviously out Of place that lawyers
! to say or do offensive things.
Kerr tho defendant is wellhnown and well
! connected New.Yorker. lie Is rich man ana has
the comfortable look acquired by years Of good living
WHITE curly hair and white mlstache and imperial
taken with his round. nord face give him an ap-
poarsnce that is almost but not quite handsome-not
quite because his dull sleepy little eyes and his snub
nose do not admit Of It. He Is tall heavy. robustly
| built and always we'll dressed. He wears heavy
watoh-chSIn aud goodly supply Of rings. Neither
the gravity Of the charge nor the evidence which
each session Of this wock has piled UP against him
has suced to render him at all depressed in manner
On the contrary he laughs quickly as any ono at the
clever sayings of his clever counsel who is other
| than Colonel Bob IngerSon He tips his chair back
ward and sits with his hands his trousers pocket In
nonohalant sort Of way, II he were going through
with proceeding necessary as matter of form, but
OF no great personal consequence Possibly the issue
will justify this seeming manner. shouldn't wonder
| in view OF tho way the case Is being tried.
AZ usual the DstnctAttorney is taking ali sorts
| Of chances Colonel Fellows has cold. There IS
| no doubt. suppose. that he- has the
cod. He says he has. and his voice IS
| husky! But ono cannot avoid feeling that
| by hook or by crook he should have waited
until this trial over before he went and got q
cold. The trouble is that something has always
happened to cheat justice In these boode cases since
tho Colonel got hold Of them II IL isn't one thing,
| then It's another. In the first Kerr case, the jury
disagreed. In the Cleary 1asco, thoy eouldnt get
| jury In tho McQuade case, they couldn't get
/ Jury Now Kerr up again, they get jury
despite the fact that they couldn't possibly find ono
| for Cleary only few weeks BEFORE and then the
Colonel goes of and gets bis lungs congested, or
eongests hts lungs and then goes or BE 1t Tar from
me 10 mako ipyht Of congested lungs, but must say
| that New-York Is wofIlly In want OF q prosecuting
officer who keep HIS lungs IN shape, so that they
win not congest in the middle OF momentous case
| For the last three days tho Colonel has been of
somewhere with his cold, and only Mr. scmple and
Mr. Fitzgerald have been left 10 care for tho IN
forests Of tho people against three Of tho most capable
| members OF the New-York Bar.
This situation Is painfully unfair to these two
young men. They clever, bright fellows In their
| way but It goes without saying that they are no
| match for such men as Noah Davis and Robert @.
rnreraou the one recognized as among the ablest OF
lawyers the other with scarcely peer as an orator
They do as well as they can, but the difference be-
tween them and their adversares is so markod that
they suggest high boys playing baseball against
| the Giants while Mr.. semple was trying 10 examine
Waite tho ex-Aldroman, on Friday, he was subjected
10 such steady fire Of objections from Judge DAYS.
| EXPLANATIONS from Mr.. Bird and harangues rom
Colonel InEerso that he could scarcely keep his wits
| about him, and finally the Judge said to the de-
fendents lawyers: "You must give the DlstrictAt
| torney a chance, gentlemen. Remember that no Ii
| contendlng against heavy Odds
| " N~A"- 10y
replied tho cherubIc Colonel, with bis most cheruoo
! smile.
syou NAV think you are, sr,' said the Court, but
| 7 do,,h, ~ tho assistance you are rendering him Is
| wholly unselhsh.'
An Illustration of the perls to which the peoples
| cese Is constantly subjected in this I'M
| eaunl contest is afforded by this lncideht'
Mr. semple was ondeavorlog to elicit the facts OF
| conversation between Mr.. Waite ard James A Rich
| yyar nlaiO that SuCh evidence
! could not affect Korr since he not present az
| tho conversation and knew nothing about It. upon
this objection Colonel Ingerso talked at great length
and with much effect. Mr.. Semple attempted 10 reply
Mr. sempos sense OF proportion Is not large ana no
attempted to DO as noisy as the Colonel me Fes"''
| vas he became confused and un!htelnglolc
| awbat YOU mean TO insist upon, take It, Mr'
somnle. said the Court, interrppting is that the
alleged cons piratOrs worked upon different lines for
| n common end the achievement OF criminal pur-
pose and tho fact Of the conspiracy being, as you
claim, already established In evidence the acts Sn.
words OF each Of the consprators IN lurtnera%o ~
| their conspiracy evidence against tho osnots'
| Wen think myself that sufficient proof has been
offered OF conspiracy to justify the admission OF ts
| tcstimony Tho witness may answer the quesuoh'
This is what Mr.. scmple did mean, but not what
he said Had the Court ruled upon what no saiu' H'
| question must have been excluoed.
! Mr. FITZGERALD opened the case for inc prosecu
| ,ion and onened Il we'll Much has been written ana
said about the part taken by tho bribe-takors in TINS
| monumental lob, but the public is not generaly
aware of tho moro adrot and less sensational but os
less outrageous, proceedings OF the pfiDe'sVem. -
s,orv q, Fuuaraf and Duffy Is ancient hlstory-how
tho Aldermen, prompted by Jaehne and DcLaey, TO
solved 10 form comblne"; how, after the passage
| ~ the General railroad Act aware that under les
provisions propositions would soon como before them
for various surface railroads. they held secret meee
ings OF tao store Of Fuisra and later a. tno
| =, NcT .ucblin the chairman o! tho Railroad COM
m,tteo 10 agree upon common course Of action WIN
regard 10 all such petitions how the first matter ss
| came ND was the road through broadway NV, hSm
| JSehue and DcLacy told them that me SSoo
| Company would give thcm Seo,ooo' nn
| IN cash and half In bonds ana Sasp
..,, ~,vo $500 400 all I'm cash how they concluded
FRAT sharps offer was the safer how they appoin.ea
John keenan, stakeholder aud Billy Moloney wmpper.