New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-06-13
FOR KEENAN, AND SAYLES.
MOTIONS TO DISMISS THE INDICTMENTS.

COLONEL FELLOWS ADMITS HIS HEIPLEssNEsS
-oSLY TWO BooDLERs,' HE SAYS
COULD BE coNvIcrED-THE JUDGE
RESERVES HIS DECISION.
The expected motion for the release rom criminal
charges Of John keenan, and Henry H. SNies' ". ~
turned "exilcs,s was made yesterday Oeiofe 'uuso
Cowing in Part III of the Gencrai sessions 'e
1oons, George Hiss who has been Keenan's counsel
An civil suits. first addressed the Judge lie sad
nave served notice on the Dlstrct-Attorney that
sheuld move on this day that day be set Tor ,he e
eate trial Of John keenan,, who is under indictment "
this court or that indictment against him De as
r,s.d The circumstances surrounding the case are 80
well known that suppose your Honor may aio's SaSo
,,dicial notice Of them. Will not discuss inc .
nav We simply for speedy trial. or 'ns' cs'n''
IA had the indictment be dismissed 80 >,,
Ex senator Ecclesne. who is associated WIN Ohal'eS
A Hess in the case Of Sayles. said
What Colonel Bliss has said In reference 70 'he Ease VI
xssnan we desire 10 consider a. said In our oehs "
the case Of Henry L. Ssyes we MAKE 'he sam. "O''o"
District Attorney Fellows rose. while tile Witnesses
,urors and other persons comprising the couro sui
ence leaned forward eagerly 10 catch MS worus' ie
said: ,... a..
..,s,s. 80. were divided into kinds. First.
there wore the indictments against the brioe-gNers.
Then there were those against the Aldermen uNiueu
,oto two clsssss Thirteen Of the accused Aoerme io
ing majority Of the Board had according 10 the eN'
49, ma, AZ the house OF Alderman Mclaughlin, chair
man of the Railroad Committee OF the Board OF 1853 anu
formed guilty combination agreeing TO receive oro
10 Affect their official acts These with ue Two i"o
bers OF the Board OF Aldermen Grant ana oConnoi
= xre,e M. I'm any way engaged in the transacons-
made fifteen twentyfour members OF the hoN4u
sainst the other who were indicted there was
never any evidence which would have iustihed eonN
tion or even trial regard to the thirteen OF whom
s.yles was one we evidence Of two OF heir num-
Der Fugran and Duffy and their testimony was at nrst
strong.
Mr. Fellows reviewed the two trials of Kerr ana
the trial at Saratoga which resulted in the acqmt'"
of ex-Alderman McQuade. He continued;
We found the last trial the witnesses had no longer
snv recollection OF which they had previously tes
tined became satisfied that the witnesses had I'D some
manner persuaded into forgetfuness one 81 'no
az Saratoga assured Semple and myself just
before remembered certain facts out "ne
he was placed the witness chair he had forgotten all
the facts These witnesses having al the last a
completely pieces IL became necessary "heh the
pspers on this served upon me to ascertain
just what evidence could rely upon at another ai'
Every bit evidence has been gone over one OF the
witnesses IL In California and another In Minnesota one
Of the who in this city was talked with ana
Katie Metz the witness whose honesty and good repuc
have never successfully attacked came to the Dis
trictAtorneys once. The result Of our inVeSugatohF
Is reached.
A n John Keenan, / have TO say that have never
had suncent evidence 10 trial with any expecta'
ton presiding judge would allow the case 70 go
10 the jury. l only what Judge MARITIME "ouid "a!
~ he were here or what Nh. De Llncey Nicol Wou'd
xay The witnesses other :rals have said tha, at
q meeting Of the combination Keenan, was chosen as
stakeholder but the only evidence directly connecting
hin with the transaction Fullgrsn testimony that u
had been agreed accepted the position ne
was 70 say right when they all met fuisran
said John Keenan, at the city Han ana ne sara
All right" aud Keenan, said " All right Iherc was
No corroboratlon Of evidence Of the sccompice NO
10
the cases Of FuIgran Duny. Miller and others was all
paid by Lacy There is. therefore, no testimony III
the case which could 60 TO trial
In the case Of sayles. his flight when his ease was
called for trial and his long stay Canada would he strong
evidence corroeye direct evidence but the ques
ton enough other evidence 10 90 10 al
NV own opinion 10. sufficient evidence even
your Honor any other Judge In allowing the
case to 20 jury oil. cannot put the county 70
the expense OF several thousand dollars under he ecum
stances and l shall not move the trial Of the case
may say In regard % all these doodle cases that
there only persons whom 1, other District
Attorney might hope 70 bring TO trial with any hope
and In the Of Of them with almost aoso-
lutte certainty Neither OF these men can now
be reached put trial have nothing TO do but TO
consent these motions.
Colonel Bliss-I wish add. the District-Atornoy
has ALREADY intmated that 1t eight months
before these indictments against him found and long
before any proceedings begun that John Keenan, went
to Canada aud engaged IN business there.
Jude, Covng-I understand the srct-Attornev to
he conerS 70 the dismissal Of these indicmentsf
Mr. FcLOws-Ycs. l do.
Judge COwine-I will reserve my opinion until the Dis
trctAuorneys remarks written that they be
fled with the p.pc-s.
The lawyers then withdrew. The judge VIII
render his decision in a day or two. The rule is al
most without an exception, 10 dismiss indictment
when the Distf1ct~AttOrney sais that lie VIII not
prosecute tile and consents 10 dismissal.
The Two indicted men Of whom Mr.. Fellows spoke
as liable 20 be put trial If they returned 10 THIS
city. are undoubtedly De Lacy and Moloney. The
evidence against DE Lacy l. particularly strong The
reason making the motion for the dismissal OF the
indictments promptly after the return OF the
"exieS il COneCuTcd 10 be fear lest some OF the
Aldermen who bear grudges against keenan,, because
they think they did receive their full share OF
the doodle q" may offer their testimony. EX-Alder
ONeil. who viii soon be released from sing sing
has spoken in harsh terms OF Keenan, and as O'Nei
has suffered all the punishment that can be inflicted
on him for his acts, he NAV be ready 20 furnish
evidence TO convict Keenan,. O'Ncil, II Is said, was
cheated ont of his share in the plumber. Other
powerful influences at work against keenan,. and
his friends thought he should be released as quickly
as possible from the fear OF prosecution.