New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-12-17
FOR THE DOODLE TRIALS.
THE INDICTMENTS NOT DISMISSED.

Jupgq. COMING PAYS NO HEED TO THE DISTRICT
ATTORNEYS MOTION.
The minors that have been ahoat for some tune
,r, Tho dismissal of the indictments found against
g p,llvn Moloney reading clerk Of the Board OF huoi
man NJ 1854 and ex-Aldermen Robert E. De Lacy anu
Charles Dempsey, members OF the iHhous -"
hoard forcshadowed an attempt OF DlsI'ct
Fellows TO have the charges against theih oi'l ,
This epdeavor was made yesterday before Juuec
In General Sessions but it met dec'oeo rcoun r,,
mel Fellows has been seriously i'll for wccn VIM
no.arrh a, tho stomach and acted through MS as
slstant Vernon NJ. Davis. oo- an,
The three men fed 10 Canada in the lail VI
were aftcrward indicted for bribery III cohhc'"'" w.
the granting of a franchise to the bfo'u""S
road BEING assured that they would ma ho Jun
astr. ~ nrosecute them in the breast OF CoIohol
Fellows they returned to New York last summer anu
were admitted TO bail No attempt hao Ueen now -
hd,, ,hern IN trial Yesterday Colonel George hiss
attorney for De Lacy cX-Judge CE'rics Dono''e
Moloncy's counsel, and Peter y. he'uri'N "'| or
peared for Dempsey, came before judge oo"liie' ~
mel nliss arose TO ask that his client have speedy
,,., or that the indictment against him be dismissed
rho other Two LAWYERS made the same motions IN De
half of their clients. 80
MFR. Davis said that he had had consultation win
his superior the evening before and bore commn"l's
tion from him about the three cases ms paper c'u
as follows: ,,
snectns the trial of these causes the short period
remaining Of my term. II they should ever oe orouems
IN trial months must necessarily elapse oelOIV Iu'
could lie secured in one of them. Before these ue
PENDANTS returned to the jurisdiction OF tins court
was of the opinion that as 10 two OF tlel anu ~
taInly as to one there was good case LOT lhe peo
OF course steps could be taken untI tn az, co,rt
Since took place. have examined Win mu nst
care the various witnesses upon whom the Peop mus
rely for a successful prosecution OF these t
and that examination has rendered ~ eviuont t'ar il
of these could be sustained before l1lS ev
Jury under existing circumstances cod W seDutI o
The original and positive evidence for me po"padI
In these cases long ago became utterly worthless u
there was manifest determination on the paI ol "
or1rnnal witnesses to thwart the prosecution III I've
efforts TO bring similar indictments 10 q sucCcsSItI
issue There is no corrobOratlve evidence IN the Cd
of De Lacy Moloney Dempsey that would iQftS ~
testimony of the called nOrmerS, even II lhdu -
mony was reliable and efficient, as II Is not 40 l"
believe 1t be within the power OF thc star -, ven n
faint hope of success, and my own judgment is lid"
thew should each and all be dismissed
Judge Cowing made no comment on the DI'u'.V
Attorneys letter but granted the first request maui "
the counsel for the indicted men. He SAID tha' 'i'c
nlea for speedy trial entirely reasonable ana nc
would do ali in his power TO aid them IN obtaining H.
He cot he the third Monday In January
The dead silence that followed his words wonu nav
given an outsider the impression that Cooncl b,ss aI
his colleagues were not anxious for speeu3 uIa
they might be- Ex-Judge 1onOnne asAe The Ind se
Iplicd that that would be for the Dstrlct ATTORNEY y
determine. The lawyer next inquired II lhe oH T
wond not order that the cases be dismissed IL NV
we're not moved for trial. Judge Cowlng hO"cNu'
wond not provide for that contingency In advance
some surprise was expressed that Colonel fcloWH
should have made his motion before Ju9gc toNIns'
The explanation IS that Judges Marine ana M t
were connected with the DiSrict-AttOTneys once "hch
the indictments were found