New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-10-25

Sst ~ people Gene = know wh was actsAiy laid that
Il VA eas q tAs srssees& tnprsvnens we Aad Enemies
he franchise became ~ friends, md yoa could every.
who're Sas ~ sasesmak why 20 o. Longer prosecuting
men WHO have cone tie city great public olesstnsf'
o-Yes Asve heard q sny one who wished 10 60
back V the Cd omnibusssi A-No Another great dni.
TIE jury law. In this very before Judge Daniels
called hundreds end hundreds Of men to Try CleAfy and
did not Get single psoa. Under the law, where per.
has made up opaion q the guilt or the innocence
from testimony taken m previous cause 70 that which he
attends Juror he 10 legally disqualified There Is not
Intelligent man In As City Of New.York who has not
read the evidence In these eases until he know 1t By heart
10 move tho casos 70 another county would simply have
been . wicked expsndtare-s sinful and fooah expend.
/ ,sure Of money 70 have attempted that.
o.-Duny and Stlersa lost their memory asoi Alto
| . very marked extent; an unusual extent
o-De yon remember Tie means by which Duffy was first
given . memoryi Al Do net.
Odd you ever hear Of the proposed Thirtyiourtb
Street Railway frAoehiief Ayes.
o-That MEMBER Of the Board had received money for
In that natter ALL that ont In the trial.
Q-De you know that Du1y aad Fullsrsa became wit
for the State only after had become known
known your Office that they had been inpl
Gated In the 1hrsyfourth Street steal A-So have
| heard.
| plicatng themf Al have heard / have never
seen them was told there were such anldavk. tha.
| they In the Office.
Odd after coming into ohice mako search
andavtsi Ayes. They were not in the ONCE
| pApers.
o.-Hsve been able to account for the dis.
Of these pApersf ANo. except In
ton with some Of the gentlemen with me In the trials
1t was believed that Of the counsel 10 the ONe
TO whom the Anidavh handed had misaid them.
failed to return them.
Ozone Of the counsel for the defencei Ayes
o-Is 1t customary for the District-Attorneys ONCE
to give PAPERS lawyers for the defencei Awe
YES on o trial.
o.-Bu. the snndavits came to trial. A.-No.
they among the papers.
Q-Then how could the counsel for the defence have
gotten right prior to trial. or Is matter
OF compacency from the District Attorneyf Alt must
have been that 1t generally known from the
press that statements introduced In the ahdaVts
were the bass on which the prosecution proceeded.
Q-And that basis disappeared when you went 10 the
onicei A.-Well, have them In my he The
various assigned in these cases when MI MAJ
tine marshaed the forces his ONCE to the preparation OF
these cases. To Mr. Nicol assgned the duty OF sht
and preparing the evidence But that part OF the case
had the slightest thing to do with was notified
from that would be expected TO make the sum-
mnrup In these cases and such other parts from
time during the actual trial might be necessary
for to take But with the preliminary work had
nothing therefore 1t 10 not strange that these snoa
Wits should not come under my observation
DIN other words you were really the senior In these
cssesi Al the counsel If you may so say Tor the
Of the cases. and not the attorney for the preparation
Of the trial. .
o-The basis Tor trial. which the adavit which imp'
Gated FusrsG and Duffy and led them 1ndpg themselves
to be implicated become States evidence, was In the
hands Of Mr.. Nicou. was 1t mott Ayes
o.-And In the hands of Judge MARITIME was 1t mott
A-Yes.
Q-Not In your hands, however, Alt was in my
hands had asked for It, but did not. never asked
for any Of evidence TO any Of the Witnesses
Q-Now, who the counsel for the defence when the
snidavH we're gtveaf Al do not think should men.
ton here will tell you in private II you like
Mr.. Ivns-It Is my opinion that the miscarriage OF
due the disappearance Of these papers
Senator McNaughton-I think Colonel Fellows LIS tho
best Judge Of that.
Colonel Felows-I do not know anything OF 1t so POSI-
lively that could to it. 1t might do wrong to
man to him. and mako him subject to mputatoo
Mr.. Ivns-I think your position is q fair one You
know however that those implicated and involved
certain other persons not under Indictment Al have
heard
o-Persons who have held important public Offices
Al have hoaroSn the way Of rumor. know abso.
| utely nothing about It, have heard much.
Q.-Have you tried TO get the paperf A-1hai
paperl Yes. When came into the ONCE made very
thorough examination Of all the records In the ONCE
| got oil there was. and have kept all GOT
Q-And not having been party to the preparation OF
the cases. therefore have means Of knowing whether
| there other papers or mott A-No, the papers
which used these various trials form part OF the
records and turned over To me-
II there were any papers have them.
Barrett, chief in the Controllers Office
testified that in 1887 the total appropriation by the
Board Of Estimate for the DistrctAttorney's Office
| In 1890 S1I979O. Tho appropriation 70 the con
tngency fund was in 1887 900 and in 1858 S45cOo
| in 1889 $4,000 and in 1890 $4,000 The bigger
sums we're appropriated during the Aldermens trials
| William H. Won Gerichten, deputy clerk In the
District Attorneys ONCE, then took the witness chair
He said that part Of his work the preparation OF
the calendars "Had he ever received any instructions
| about excise casesin "Oh, yes" prom whom''
| From ex-Judge Bedford. 1t was last Thursday /
Think he went on, he told me not to place any
excise cases the calendar" That order was to re-
main until he or the DstrictAttorney resdnded it,
$50 that there are no excise the calendar'
| asked Mr.. WINS.
"No, SIR"
"what day was that. did you ssyi'
"Last Thursday Fridsy-I am not sure which,
Mr. WINS Immediately sent to the District-Attorneys
office for Mr.. Bedford, who came in ten or fifteen
minutes. He had either heard before that he was to
be called, he had been hastily posted about Mr.
Won Gechten's testimony for he had some memoranda
on piece Of paper. Mr. Bedford is veteran in the
service Of the DstictAttorneys office. He said that
be had been Assistant DistrcAttorney under A Oakley
Hall and Mr.. MARITIME, well as under Colonel Fellows.
"What part Of the duties of the Office do you con-
| duct ~ asked Mr.. WINS.
Mr. Bedford who brlstled with aggressiveness toward
the committees counsel from the start and whenever
he could ignored him. addressed his answer to Senator
| McNaughton, and replied: when / am trying cases
in court my duty consists In endeavorng 10 convict
tho guilty and acquit the innocent. am now acting
District-Attorney and have been for q weak"
@wiu you tell me under what warrant Of law you
are acting Attorney when in fact the Dis
rlctAttorney himself now within the jurisdiction Of
| this county,
Mr.. Bedford replied that he knew not by what war
rant Of law, but he held that 1t perfectly proper
for him to do and he had acted DstricAttorney
for Mr. Hall whom no went 10 Albany, and also for Mr.
MARITIME.
ado you sign papers as Acting Distrct-Attorney ~
| he asked
Mr.. Bedford also said that he had acted District
Attorney while Mr.. Fellows was In court the Nc
! mate.
Ibid you, as Acting District Attorney. Mr.. Fellows
being In the CITY, Thursday of hast give orders
to Deputy Clerk Won Gerchten not to put any Excise
| cases on the calendar until further orders J"
did tell him not to put any until further orders
from myself the Attorney, replied Mr.. Bed
|