The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-08
FELLOWS AND THE FELONS.
The Trial Of the District Attorney Still
in Progress.

Numerous for the Courts to Dispose
of With Celerity-Recorder Smyth
Called As Witness.
New York, Dec. 7.-Judge MARITIME of
the court of general sessions was the first
witness to-day in the investigation Of Dis
trict Attorney Fellows. Before going on
the bench, Judge MARITIME had been dis
trict attorney. He was asked: rs there a
distinction made between prison cases
and bail cases in regard to their time of
trial?"
There has always been,' he said. Bail
cases were always tried first for many
reasons"
He said that business in his court dur
ing the present year had not been delayed
by reason of failure Of the district at
torney to furnish business.
From your experience as district at
torney and as judge, is it possible for the
courts to dispose of bail and prison cases
both?"
In my opinion, no."
Since Jan. 1, 1894, has it been possible
to dispose of both classes of cases pend
ing with the present force of the district
attorneys Office and the present courts?'
In my judgment, no."
Ex-Judge Van Hoesen then cross-ex-
amined Judge MARITIME.
DO you remember writing a letter in
1891 that the present judicial force of the
criminal court was sufficient to transact
the criminal business of the courts?''
Il believe I did write such a letter"
DO you believe there has been such an
increase during 1894 in criminal cases as
10 make it impossible for the courts to
transact business?"
Il believed that all bail cases cannot be
disposed Of"
Judge MARITIME said that the letter writ
ten in 1891 was the act of the entire court
and not altogether his private opinion
He also said that he now considered the
criminal court inadequate
Are you aware that there was man
in the toombs charged with murder from
Nov. 16, 1891, until his trial July 8, 1S94?''
Yes have heard So"
How often have you adjourned court
for want of business during the past
year?''
Twice that can remember OF" replied
the witness.
rs it not so that failure to bring bail
cases to trial promptly often results in the
loss of witnesses?"
often that happens"
There is no rule of law known to you
that prevents the bringing to trial of bail
cases if the district attorney moves their
trial, is there?"
Not that 1 know Of"
Recorder Smythe took the stand and
testified that he had not since January
1894 been compelled to adjourn his court
because the district attorney did not fur
nish business, and he thought that under
ordinary circumstances there was a suf-
ncient number of judges to try all cases;
but when the grand jury brought in 1,10O
indictments in one month, Il was not pos
sible to prevent delay.
Recorder Smythe became somewhat ex-
cited during the examination and asked
Judge Van Hoesen who was cross-exam-
ming him: Am l on trial?"
oh. no." replied Judge Van Hoesen,
we are only charging Col. Fellows. Now,
do you know of any reason why police
men indicted for extortion in January,
1884, have not been brought to trial?'
i don't know of any reason
At one point in the cross-examination
Judge Van Hoesen said: 1--WE will concede
the ability of Col. Fellows whenever he
can be induced to try a case"
We won't accept your concession ex-
claimed both Col. Fellows and Mr.. Nc
Curdy
Mr.. Phillips called Assistant District
Attorney Unger to the stand and asked
nm If he had the statement of the num-
trict attorney in January. 1894.
have" replied Mr.. Unger There
were S57 indictments, $50 for felonies and
2S7 for misdemeanors."
How many indictments were found in
The court of general sessions and oyer and
terminer from Jan. to Dec. l, 1894?''
Mr.. Unger replied S57 indictments, of
Which $50 were for felonies and 297 for mis-
demeanors. Mr.. Unger said that on Nov.
q last, when the pending charges were
hled, there were 1851 indictments pend
ing-S01 for felonies and 5e7 for misde-
meanors
Clerk Walsh of the court of general ses-
sions was again put on the stand and tes-
uhed that from IAN l to Dec. l, 1894, 1852
Indictments for felonies were found and
Az for misdemeanors.
Can you tell me how many were dis
posed Off"
The witness replied: Three hundred
and sixty-nine were convicted of felon-
les, So of misdemeanors; 1,150 were con-
Nicted of felonies by confession, and 457
py confession of misdemeanors; SIS per-
sons We're discharged without trial in
Ielonies upon bail, and As were convicted
OF misdemeanors. The total number of
Indictments undisposed of, found between
Jan. and Dec. !, 1894, is 8, 49,"
IN response to cross-eXamination, Mr..
Walsh said that there were hundreds of
cases that passed through the district
N'OiHey once 70 the granu jury, anu
never reached trial
Ihe prosecution rested for the last time.
Mr.. MeCurdy Col. Fellows and Mr..
niger held a brief consultation, and then
I0e district attorney arose and replied to
d snort speech that Mr.. Phillips made in
closlng, to the effect that their intention
was to call attention to the lack of pub
nc confidence in he present district at
,orhey, but that committee of seventy's
IelIer asking for a special prosecutor was
suInelent evidence on that point,
The colonel said that the $4,000 majority
ny which he was elected to his office after
ne mad already served one term, was suf-
Hclent evidence for him of the public
oplnion. He repudiated the statement
mat his concurrence in the seventy's re-
quest was an admission of anything be-
yond need for assistance in the disposi-
llon OF an extraordinary quantity of busi-
ness
Assistant District Attorney Vernon NJ.
CaVls was called as a witness for the de-
Iense His testimony and that Of AS
slStant District Attorney Mcintyre, who
tollowed, was recital of the details Of