The sun., 1894-11-29
COL. FELLOWSS ANSWER.
HE tCoUITS HIS OFFICE or THE
CH4RGE OF NEGLECT OF DUTY.
Statements rrow HI. Assistant. 20 show
that the Po.tpons-ent OF Certsip Crir.i.
.si Cases was Not ths Fs-it et Ether
the District Attorney or ri. As.,.ta-t.

the btstriet Attorney or His Assistauts.
ALBANY, Nov. 2s.- District Attorney John r.
Fellows Of New York has filed with the Gov
ernor complete answer to the charges of
neglect OF duty that have been made against
him. He shows that every postponement OF
criminal caae was the fault Of some one other
than the District Attorney or those connected
with his ofhce. Mr.. Fellows has called his as
sistants TO task for every case, and their an
swcrs acqut him OF all blame
The case OF murder in the first degree against
Henry Muller was referred to Assistant District
Attorney Macdona. He says that the papers in
the case came from the Coroners' office, and
were presented 10 the Grand Jury in June. 1904
On June 2o an indictment was found for murder
In the first degree. Early in the case Edward
Graybill, counsel for the defendant, requested q
postponement in order to secure evidence of q
witness who was in Germany. the understand
ing at the time being that . commission should
be issued. After this the attorney for tho de-
fendant secured another adjournment for good
cause.
To Macdona's statement of the case Is at
tached . letter from James Edward Graybill,
the prisoners counsel, corroborating the state
ment Of the Assistant District Attorney. lie
says that every postponement in the case WAS
made at his request in order that he might col
lect evidence which he thought necessary for
the proper defence Of his client. He had to cor
respond with people living in Germany He
says that he ia wholly accountable for any de-
lay, and that the adjournments were simply
acts Of Justice to the defendant
The case Of James T. Powers. for homicide, Is
reviewed by Assistant District Attorney John T.
Mcintyre. lie says that Powers was indicted in
March. 1894. He moved tho case for trial be-
fore Recorder smyth during the summer term
Defendant appeared without counsel and said
that no would be defended by Messrs Brooke t
OSullivan. He was remanded. and Mr.. Nc
Ihtvre sent for the attorneys within fcw days
thereafter. The Recorder set the case down for
oct ~. Then 10 was ascertained that Brooke
d O'Sullvan would not appear. and Abraham
Levi was assigned. Mr.. Levi asked for post
poncment and It was granted. The case was
transferred to the Court OF Oyer and Terminer
on Oct. 30. Every delay was due to the inten-
tional procrastination Of the prisoner. The bis
trict Attorneys ONCE was always ready for
trial.
The next case Is that Of Gustave A. Noekel for
manslauRhter. The paocrs were received Mt the
Office on May 3, 1894. A number OF important
witnesses we're sent for. Mrs Guidlce, the mother
of the woman the prisoner killed. came 10 the
Office. Mr.. Townsend, who had charge OF the
case. says that he noticed her physical condi-
tion. which was occasioned by nervous shock.
Sho said that her daughter was prostrated and
unable to leave her bed She wished to take her
W .NtNpOEl. IL i. SuCn was tnt cOnultlOn OF the
many cases in the courts In New York that il
was thought best not to try homicide cases be-
Townsend sent for Mrs. Guldice ana began the
preparation % . OF the case; on ArS 10 10 be was
month Of october he @ wa. snsassJ @ in E the trs ie Of
Sthe5 % criminal eases; III says that be has dis
says. expect 10 move the case for ri trial f this
mouth, o. e1t M there being Large number o. other
% Tie Interest Of aSs esse hs 4 shppT 90 aa
10 M: Townsend's statement Is aided a letter
Townssnd says There Is also s Statement He mt from
IDA r. Enidlce that she was unable To attend In
5 Aea f. hoyd Of East aR
street says tnat he is the physician who ordered
port.
p.9s the cass of the people aFsns, william
Attorney. TO whom the case was referred, says
that the indictment was found on June 30, lsGI.
within two days he sent for the witnesses in
the ease and had the ready for trial. II
was thought best to first trv a. number Of other
cases which were on the calendar and which
September Mr.. Bradley was ordered by the Dis
trict Attorney to send the case TO another mem
for trial for Nov. q but this arrangsment has
for the trial Of persons indicted for procuring
fraudulent registrations. He mentions the case
tried within three days notice '''' 60" 10
-, Seaman Miller had charge OF the case against
Kerrigan was Indicted. 4 diagram was made
OF the premises when the crime was committed. |
case. On Sept. 10 he received letter from the
District Attorney saying that that official wish
days snctwSrd Andrew WIZ T. ParReT Se Counsel 'H@ for
tho defendant, said he wanted 20 try the case |
ponsm, Mt later on. Mr., Parker sent TO the Dis
trict Attorneys once "A letter saying that he |
OF S rS ase
another adjournment be taken.
lAnda N ARSiatant AffnFnnN ErpdAF-
lex X. House. He says that the crime was COM |
mitted on March IA, 1902. on May 25 Of the same
year the defendant was adjudged insane and |
committed 10 an insane asy YUM. Mr. House |
says that while he knew that the plea would be
case, and this necessitated considerable time.
At the same time he was studying this case he
the months Of october @ T and d Novembsr @ Ss Besides
this. he thought It imprudent TO put such case
dsr. Tho District Attorneys offics was re-
quested to hold this case, as The counsel for the
Mr. House further nays that the ad djourhments
were necessary, for the reason that . number OF
m Hs ssg OsHf ready 81 sRd
can be tried whenever the condition OF things In
same" Mr. House @ % Closes bis stats%snt By say
ing that he called the attention OF Recorder
Of Angelo Il % Triano. but he refused 70 tats the
same up at the time 1t was called TO his atten-
eoSroborspss corr rates everything vel Mr. House says sT ~
The ITtano case ls explained by The District
Attorneys once Dy the statsment thAt u was
necessary 10 adjourn 10 At various times because
OF the absence OF material witnesses. The Office
is now ready 10 try the case. and has been ready
from the time the indictment was on nle. To
this statement IL attached a letter from the
counsel for the defendant which oorrobOrates
The statement, and says that he was compelled
TO ask for adjournments for his client because of
the absence of certain witnesses In Italy.
The case OF Patrick MastsrsOn. who was in
dicted for murder In the nrst degree Is az
planned by the deputy. Seaman Miller, to whom
Il was referred. The indictment was received In
the District Attorneys ofico on Aug. 4. Mr.
Miller Immediately Examined all the witnesses
that he could reach. On sept. 10 the assistant
case would be ready. Mr.. Fellows said that he
wished that the case be tried early In October.
few days after the receipt OF the letter,
Thomas G. h. Ecclesine. counsel for Masterson,
asked for day 20 be set for the trial; The Dis
trlct Attorneys Ofiice told him that the case as
ready whenever he was ready 20 begin II.
on On Oct the case WAS PLACED on
on motIon IN tba dassndan1,s Counsel the Jud0e |