The daily morning journal and courier., 1894-12-04
COL. FELLOWES IS ON TRIAL
cOMMISSfoNER LINsON BEA Rs TIE
 CHaRGEs .fGAISST HIM.

When He was Called to Take the Stand tho
 District Attorney Refused Co do so-
 Thousands of Cas.s Disposed of During
 His Term of Dfics.
 New York. Dec. 3.-The hearing be- fore Commissioner Linson on the charges preferred against District Att torney Fellowes Tor neglect of duty be- gan here to-day. R. W. G. Yelling, representing the first complainants, called Fulton McMahon to the stand. The latter swore to the charges that he was one of the framers of. He read list given to him, he said. by the war den of the Tombs. He was asked if the names on his list had not been se- lected by him from the list given him by the warden. The witness answered Yes"
 MT. McCurdy asked the witness whether any of the persons in the list were kept in the Tombs at their own OF their counsel's requests. and the wit ness said he had no personal knowl- edge.
 Now, as to the case of Antonio Lo- rubio. did you know when you put his name on the list, that his case had been through the general term and that a similar condition existed in otheu | cases?" 'I knew of it," said the witt ness
 Did you put the facts in your com- plaint to the governor" "No, sir" said McMahon.
 Mir. McMahon admitted that he knew that over thirty-nine homicide and over 4,OOO other cases had been disposed of during the ten months of Colonel Eel loves term, but he said that he would still consider Colonel Fellowes guilty of neglect of duty in respect to the spe- cifc cases in the complaint, if his office | had tried twice as many cases. Mir Yelling then asked Colonel Fel- | lowes to take the stand. T will not" l said the colonel.
 "The district attorney will not take
 the stand under any advice" said MT. l McCurdy.
 MT. Yelling protested against the dis- | trict attorneys action. The commits sioner held that if the answer of the l attorney was offered in evidence and | the paper accompanying 1t, he did not see the necessity of the district sttor- l ney going on the stand. MT. Yelling then handed in the conl- plaint and the answer as evidence, and | said that he and his colleagues rested l the case.
 MT. Sutro, counsel for the German
 Americans, then opened his case. Af-
 ter this Lawyer Phillips, for the Ger
 man Americans. called Deputy Assast-
 ant Attorney Hennessy, who has charge
 of the forfeited recognizances of the
 district attorneys office. MT. Hennes- | sy was questioned in regard to lot of cases in which the same persons had | become sureties on several occasions, | and in which the recognizances had l been forfeited, while the forfeitures
 were never collected. MT. Phillips announced that there | were some sixty cases of forfeited | bonds. in charges amounting to nearly $7O0O0, of which only few thousands
 were collected. As to most of the cases | MT. Hennessy testified that no return
 was made by the sheriff, and it was held that the latter was responsible. MT. Hennessy also said he had made
 every effort to get the sheriff to maka
 returns.
 MT. Phillips then asked for the books
 of indictments of the district attorneys office Colonel Fellowes stated that he would not furnish the books, as 1t
 would be viola tion of the law. He
 would produce any list of persons un- der arrest, but not of those under in- | dictment and not yet arrested.
 MT. Phillips said he had a list of | about 300 cases which, he said, were l part of the charges. Colonel Fellowea said they were taken from a newspa. | per.
 Chief Clerk Unger then took the stand. He detailed the method of in-
 quiry into sureties on bail bonds, and said that Charles l.. Jaehne is bonds-
 man in about eight cases amounting
 to $11,OOO. One of the charges against the district attorney is that he accept | ed Jaehne as bondsman. MT. Unger
 gave it as his opinion that the employees of the office were very prompt and | hard-working.