The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-04
TRIAL OF COL. FELLOWS.
His Counsel Demands That the Com
pIainants Prove Their Charges.


plainants Prove Their Charges.
New York. Dec. a.-The hearing before
I the referee. ex-senator John J. Linson.
1 Of the charges preferred against District
/ Attorney Fellows for neglect Of duty. be-
/ gan this morning. r. W G. yelling an
nOunced that the persons he represented
were willing to let the sworn charges 90
I in as pleadinss, and let the case rest on
the answer made by the district attorney
and the admission therein. if the answer
is sworn to.
Mr. McCurdy, counsel for District At
torney Fellows, answered that the per-
sons making the charges must come and
prove their charges legally. He was here
to meet the charges and now awaited
evidence Of the truth of them.
Mr.. Mcmahon, one Of the five who made
the charges to the governor, contended
that the last paragraph Of the answer Of
the district attorney was his defense and
that II was sworn TO. and that he must be
as much satisfied now with it as he was
when he put it in. He submitted it again
to put II in the pleadings as evidence.
Mr.. McCurdy said: THE pleadings are
distinct issue. We are waiting for proof
and 1t is their duty to present proof"
Il want only to ask one question" said
the Tombs prison on the stand TO prove
the correctness of the list in the charges.
viii the district attorney be satisfied to
put In his carefully prepared answer and
rest, or We will put in our papers and rest
II he Will do the same?"
Mr.. McCurdy said: Charges cannot be
sustained except by legal evidence, prov
ing neglect of duty. l contend that the
evidence must be presented here in legal
form"
The commissioner said: THAT is the
proper course"
Then Mr.. yelling called Fulton McMa-
hon TO the stand. The latter, who is wit
ness, complainant, attorney etc, then
swore to the charges that he was one of
the trainers of. He read the list, and said
1t was copy Of the list of prisoners given
to him by the warden of the Tombs.
Mr.. McCurdy started his cross examina-
ton. He was asked if the names of pris-
oners on his list had not been selected by
him from the list given him by the war
den. Finally the witness answered yes"
Mr.. McCurdy asked the witness if he
knew whether any of the persons on the
list were kept in the Tombs at their own
or their counsels request, and the witness
said he had no personal knowledge.
Nov, as to the case of Antonio Loru-
bio, did you know when you put his name
on the list that his case had been through
the general term and the court OF APP
exist
ed in other cases?"
Il knew of it," said the witness.
Did you put the facts in your complaint
to the governor"
mo, sir" said Mr.. McMahon.
Mr.. McMahon admitted that he knew
that over 80 homicides and 1900 and over
other cases had been tried and disDosed
of during the ten months Of Col. Fellows
term of office, and he said that he would
still consider Col. Fellows guilty of neg
lect of duty.
Mr.. McMahon left the stand and Mr..
yelling called Col Fellows to take the
stand.
4 will not" said the district attorney.
The commissioner held that If the an
swer of the district attorney was Of
fered in evidence and the paper accom-
panying it, he did not see the necessity
of putting the district attorney on the
stand.
Then there was a hurried consultation
and Mr.. yelling, handing in the COM
plant and the answer as evidence, said
that he and his colleagues rested the
case.
Mr.. Sutro, counsel for the German
Americans, then opened his case.
Deputy Assistant District Attorney
Hennessy, who has charge of the for
feited recognizances of the District At
torney's office, was called. The register
of forfeited recognizances was producted
and Mr.. Hennessy was questioned regard
ing number of cases where the bond was
forfeited. 1t was brought out that the
same persons had become sureties on
many occasions, and on the recogni-
zances being forfeited the forfeits were
never collected.
Mr.. Phillips announced that there were
some cases of forfeited bonds in charges
amounting to nearly $4,000, of which only
few thousands were collected.
The case goes on Tomorrow