New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-10-25
WHERE DID THAT PAPER 60 I
THE FAssETr ooNHrrEE PRENARzS a
SURPRISE

INVESTIGATING THE OBSERVATION-DISCLOSURES
oyy1cb WITH INTz1xsTINa RRsuLrs-AH
EXPLANATION NEEDED FROM
C.. ". SRooxE
Ins staAe Senate Committee on Cities hsad . -sof
prise party yesterday. Mir. WINS and No inveso
essors thoush that they hsd plenty Of evidence so'
The general utility Of ~ Commissioners q AeoooHss
and. without having given sny puhnc 'namasn =
hint of this intcuuon beforehand. called mo OW00e
Attorney, John r. Fellows, TO tho Witnessed sno
began the Investigation Of his once WIN MSny m
terestng results Senator Fsssets pres'ood oue ~ss
ast part Of the session. but he bad to 80 aweS ocsos
Tho adjournment and his place - chairman WIS sesea
~ Senator NcNauglron.
Colonel Fellows, In his opening expAnANons Oh Me
lut3es end the constitution OF the
o<Dee, mentioned that the appointments Of Assistant
Cunning s. Bedford had not been 70
quested by any member Of the Liquor Dealers Asso
cisaaon. Tho judges Of the Supreme and Superior
Courts ana Courts of General Sessions had united In ask
ine for his retention OF the other assistants Mr. Das
Rasou concerning whom Justice Power had spoken 10
nlm was retained because Of his ability end his fam
iarty with certain cases then pending. the Adermanic
Mr. Dos Psssos had charge OF the collection OF the
eoatsraliabesitsoce tax, which cost the city about
$1,000 and brought TO Tho Dtstrlct-Attorney's ounce
only about q 500 In fees
Colonel Fellows said that Mr. Lindsay had charge
Of the Indictment bureau. He did not know whether
Mr.. Lindsay drew up the detective Flynn and Squire
Indictment, and he could not say whether not
Do LAnoey Nioou drew 1t up. Coming to tho making
Up Of calendars aid to the arrears OF work In the Office
Colonel Fellows, mapy Of whose answers were as
carefully phrased and delivered and elaborate pub
he speeches said that the Grand Jures could not
d 9th Of the Excise and that the courts
could not try One-tcnth Of the which had been
passed upon by tho Grand Jures. He agreed with
Mr.. WINS that the system might be lkened to tua
without bottom
Mr.. WINS called his attention to the fact that dur
Ing tho preceding year $50 indictments In Excise
bad boon found which had resulted In forty -four
convictions. But of these fortyfour fortythree had
pleaded guilty, leaving only that was brought
to trial. Colonel Fellows remarked that under tho
circumstances he considered that lonely conviction on
trial "pretty fair percentage"
Colonel Fellows said that with the present great
pressure Of criminal business and the inadequate
facilities for bringing to trial. 1t was simply
physically impossible to enforcement Of the
Excise Laws. II the law remained as at present IL
woah require three times as much money as was o.
present expended and trebling Of the force In the
District Attorneys oface to secure trials and oonV1o
tons IN Excise cases.
He much regretted that the revision Of the laws
recommended by the commission OF which the Rev.
DR.. Howard Crosby was q member had not beon 90
cepted. He thought that matters would be greatly
improved by tho adoption of the English system. which
docs not compel the forfeiture OF houor-dealer's
license for violation Of Excise laws until ne has been
convicted Of q third offence. Under the system In
vogue In this city q Conviction involves the for
fetare OF license for years and therefore every
nauordealer fought the yw tooth and nail. In fact
II was for the liQuordealer struggle for existence
Mr. Twins then asked:
Have you Riven Instructions to any one about putting
excise cases on calendar Al have given no IN
struotons to any time beyond the general m
structons to put fast they could DO disposed
OF.
o-what have taken personally to zee II sueh
eases have been put the calendars A-The s
yus On my desk every morning 30 70 the 1raaa Jury
nearly syery day find what progress they are MAKING
~ xo.a easex 1t was only day before yesterday a'
os foreman Of the Grand Jury told me that thes "ef ~
reared for the first consider some excise csse'
Orion May. 1882 70 May 1890. you secufea con
vieton on one excise Has that been repeaso shec
ehs 10Th Of May3 A-Not that am aware OF.
Mr. WINS then called Colonel Feows's at'ention 70
thu celebrated trials Of Aldermen, reminding nun Ci@'
hs failure to convictions after no became Ds
tricAttorncy had subjected him to much harsh crita
c,sm And asking him II he had any explanation OF his
t.iur.s which he would to make to the committee
Colonel Fellows acknowledged that he mad been
bsrxhIy criticised but he found consolation IN inc as'
surances of such Judge Daniels that tie trials
had been conducted in the most able manner ana tnat
te failure to conviction was not the fault OF the
Distric tAttorney.
Tho examination went on as follows:
,one, Fellows-The failure obtain convictions was
luo 70 number Of reasons The conditions nave
and with the exception Of the ONe CAGE previous oe.
Teaions we're reversed, That exception was inc o"e
case because / DO not consider Jahne's In the Same
esteSory.
OFF 1t had not that Jaime had made confession
and that the police had discovered that he was criminal
before - receiver stolen goods he would not nave
bean convicted In probability? ANo. should nay not
ca a. ia fair IN his CONVICTION grew OUT OF
bis own oonfcssonf AAccompaned - the statute re-
oures BY much corrobo1tve eydepee ~ seemed 70 I'M
Div that q crime had been committed we nrst came 70
what 10 known nformers testimony the evidence
~ F9ra1 and DuiYy in Of McQusde. The nrst
trial AZ Mcousde resulted you know in disagreement
he Jury standing first to last nine Tor scQuetsi ana
three for conviction In the second trial OF Mcouade TINS
anna testimony wss introduced reinforced BY the test
meny Of Katie Metz. and our cases thefesss1 if y
~ Aldermen we're concerned rested the direct evideoce
a. tess three witnesses and the suspicious
which accompanied grant OF franchse plus the evi
6snes taken before the Senate Committee AL OF these
convictions were reversed notable instance being that
Il Sharp.
AYou assisted In trial Of these cssea didn't you
Ayes, sir.
o.-You and Mr.. Nicou tried them. didn't youi A.
Yea, sir.
o.-wsre not both Mr. Nicoi and yourself In frequent
not continuous consultation with the court pending those
sslss Al never had any consultation with the court
o-Had Mr.. Niconi Al only answer from In.
formation
Odd not Mr. Nicou tell you that he was himself
eonerrns with the court regards the preparation and
. Of these cases during the time that the were
pendingi Al think only in regard to the place
md the time to be given the trial. II you want
n tmply that there consultation with the court
BY waich anything was prcaranSed Is TO the results OF
sha TRIAL ana . to the methods pursued. no.
Odd not Mr.. Nicon tell you he was n consultation
vim certain judges Of this city with regard to the 3D.
saiby Of testimony taken before ae Senste Com
vpitsse1 Al do not remember that he ever die He
nav have stated that he conferred with judges and with
lawyers IN reference sdnssibU Of testimony but
neyer heard It intmsted that he had any conversation
with the trial judge In regard TO the samnsohiy %
testimony. DOR do believe he did.
o-Hsd CaAt testimony taken before the Senate Com
n,t.Se BEEN refused admission the first Of those
40 YOU a having participated the tr believe that
convicnoa would have been possblef Al do not
~ the evidence that Of those BY