The times. [volume] (Richmond, Va.) 1890-1903, 1894-12-04
THE FELLOWS INQUIRY.
ONE OF THE CASES AGAINST DIS
TRICT ATTORNEY FAILS,
Then the Case Of the Germap-Amerieana
Was Opened-H earrings of the Lsxow
Committe. Resumed.


fore Referee ex-senator John j. Linson
of the charges preferred against District
Attorney Fellows for neglect of duty be-
gan this morning. Il. ". O.. yelling an
nounced that the persons he represented
were willing TO let the sworn charges 20
in as pleadings, and let the case rest
on the answer made by the District AT
torney and the admissions therein, II the
answer Is sworn TO.
Mr.. McCurdy counsel for District At
torney Fellows, answered that the per-
sons making the charges must come ana
prove their charges legally. He was here
to meet the charges, and now aWaled
evidence OF the truth Of them. Mr.. Nc
Mahon, one OF five who made the chdrBes
TO the Governor contended that the last
paragraph Of the answer OF the Distrlct
Attorneywas his defence, and that IL was
sworn TO, and that he must be as mlch
satisfied now with II as he was when
he put it in. He submitted again TO put
II in the peadings as evidence.
Mr.. McCurdy said: THE pleadings are
a distinct issue. We are waiting for
proof, and 1t is their duty to present
proof"
Mr.. Mcmahon. "lf We put the warden
of the Tombs prison on the stand TO prove
the correctness Of the list I'm the charges.
will the District Attorney be satisfied to-
put I'm his carefully prepared answer
and rest; or we will put I'm our papers
and rest. If he will do The same"
Mr. McCurdy said: Charges cannot
be sustained, except by legal evidence
proving neglect of duty l contend that
the evidence must be presented here in
legal form"
The commissioner said: THAT is the
proper course"
THE FIRST WITNESS.
Then Mr.. yelling called Fulton Nc
Mahon to the stand. The latter VINO is
witness. complainant, attorney, etc, then
SWore TO the charges thdt ne WIS one VI
the trainers Of He read the list, and
said II was a copy OF the nst OF prisoner
given to him by the warden OF the IoInDS'
MIR. McCurdy started his cross-eXamina-
ton. He was asked If the names OF the
prisoners on his list had not been select
ed by him from the list given him by the
warden Finally the witness answered
Yes"
McCurdy asked the witness if he knew
whether any Of the persons in the list
were kept in the Tombs at their own oI
their counsels requests, ana the Witness
said he had no personal knowledge.
Now as TO the case of Antonio Ioru-
bo-did you know, when you p9t ms ms
name on the list that his case had been
through the General Term and Court OF
Appeals, and that similar condition eX-
listed in other casesY'
Il knew of IT," said the witness.
did you put the facts in your com
plant to the Governor
NO, sir" said Mr.. McMahon.
Mr.. Mcmahon admitted that he knew
that over thirty-nine homicide and four
Thousand and over other cases had been
tried and disposed of during the ten
m0r,hs Of Colonel Fellows term Of office
and he sail that he would still consider
Colonel Fellows guilty Of neglect of duty.
Mr. Mcmahon left the stand, and Mr.
yelling called Colonel Fellows TO take
the stand.
Il will not" said the District Attorney.
The Commissioner held that if the an
swer of the District Attorney was Cf-
fered i'm evidence and the paper accom-
panying it, he did not see the necessity
Of 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.
CASE OF THE oTHLB ooNPLAINASTs.
Mr. Sutro counsel for the German
Americans, then opened the case. Deputy
Assistant District Attorney Hennessey,
who has charge of the forfeited recog
nizances of the District Attorneys office,
The register of forfeited reccgnizln ,es
was produced and Mr.. Hennessey was
questioned regarding a number of cases
where the bond was forfeited.
1t was brought out that the same per-
scns had become sureties on many occl-
sions. and on the recognizances being
forfeited the forfeitures were never col
lected.
Mr.. Phillips announced that there were
some sixty cases Of forfeited bends IN
charges amounting to nearly $4,000, of
which only a few thousand were collect
ed. The examination goes on tomorrow.
The LeXow Committee Resume,
The Lexow Committee was called to-
gcther again at noon to-day. The chair
man said that Street Commissioner An
dIews had written a letter 10 the com
mittee begging for copy of the minutes
of the session In which he was charged
with, accepting bribes, and the letter
had been referred 10 MIR. Con. The latter
said that he had advised that it would
not be proper at present to supply
copy of the minutes. He had, however,
invited Mr.. Andrews TO be present this
morning to give him an opportunity to
vndicate himself. Mr.. Andrews was
obliged, however, TO be at a meeting OF
the Board of Estimates and Apporton-
ment to-day. and could not appear.
Angus l.. Lewis, VINO made an applica-
tion for license for the Hotel Tortoni,
which was run by Madame Clause in
Lexington avenue, was then called
He said he supplied the place with
meat, and received the money for the
license from Madame Claude's book
keeper. He was informed that he hau
laid himself liable 10 a penalty of fifteen
years Imprisonment on each OF the seven
occasions that he swore 10 the contrary.
wITNts, WHO WOULD NOT TILL.
A few moments later Mr. Goff tried to
make Ryan, green goods-man. admit
that he was green goods-man. Ryan de-
clined TO answer. and Mr. Gon called an
officer, who was prepared with a war
rant, and Ryan was placed under arrest
for disobeying a former subpoena.
Charles Harris, alias Mark Newton.
was next called. He said he had just
come down from the Erie county peni-
tentiary, where he had served one year
and eight months for false registration
He told the story OF his repeating for
which he was paid by a son of Police
Justice Diver, among others His mar
rative was specific as TO places and per-
sons and depicted tie repeating business
an science.