Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-12-04
CASE.
HEARING or THE CHARGES AGAINST
NEW YoRK's DISTRICT ATTORNEY.
Evidence Of Mr.. McMahon, who IL Com
plaipant and Counsel, ss Well - Wit
ncss-Other Testimony.

NEW YORK, December 3.-The hearing
before Referee ex-senator John J. Ian
son OF the charges preferred against Dis
trict-Attorney Fellows for neglect OK
duty began this morning. X. W. q. well
Ing announced that the persons ne rcp-
resented were willing to let the sworn
charges go In as pleadlngs, and let the
case rest on the answer made by the
District Attorney and the admissions
therein. IL the answer IL sworn to.
MFR. McCurdy, counsel hUr 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 await
ed evidence OF the truth Of them.
Mr.. Mcmahon. one of the five men VINO
made the charges to the Governor, con-
tended that the last paragraph or tne
answer of the District ittorney was ms
defence. and that IL wis sworn 10, an"
that he must be as mitch satisfied now
with II as he was wheB he put It In, he
submitted again to put II In the pieau-
ings as evidence.
Mr.. McCurdy said: "The pieadings are
n distinct issue. We are waiting ior
proof, and IL Is their duty 10 present
proof" ,a
81 want only TO ask one question sald
Mr.. Mcmahon. IF we put the "aruen
of the Tombs prison on the staiiu "
prove the correctness of the list III Tue
charges. will the District Attorney ps
satisfied TO put in his carefuliy-prepareu
answer and rest? or we will put In our
9 10. MIL Ia
MIR. McCurdy said: Charges cannot be
sustained except by legal evidence. prov
ing neglect of duty. l contend tnat the
evidence must be presented here in legal
form"
Tho Commissioner said: "That Is the
proper course"
Then Mr.. yelling called Fulton McMa-
hon TO the stand. The latter, who Is
witness. complainant. attorney, etc, then
swore to the charges that he was one OF
the trainers Of He read the list ana SAID
IL was a copy of the list or prisoners
given TO him by the warden OF the
TOmbs.
CROSS XAMINATION.
Mr.. McCurdy started his cross-examina-
ton. He was asked II 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 II he knew
whether any OF the persons In the list
were kent in the Tombs at their own or
their counsers request and the witness
said he had no personal knowledge.
Now. as to the case Of Antonio Loru-
bio. Did you know when you put his
name on the list that his case had peen
through the General Term and Court OF
Appeals, and that a similar condition eX-
listed in other cases?'
'I knew of It," said the witness.
"Dld 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 4O0
and over other cases had been tried
and disposed of during the ten months
of Colonel Fellows's term of office, and he
said that he would still consider Colone
Fellows guilty of neglect of duty.
Mr. BcMahon left the stand. ard Mr.
yelling called Colonel Fellows to taxi
the stand.
II will not" said the District Attor
ney.
The Commissioner held that IL tn
answer of the District Attorney was offer
in evidence, and the paper accompanying
It, he did not see the necessity or tn
District Attorney on the stand.
Then there was a hurried consultation
and Mr.. yelling, handing in the complain
and the answer as evidence, said that n
and his colleagues rested the case.
FORFEITED RECOGNIZANCES
Mr.. Sutro, counsel for the German
Americans, then opened his case. Deputy
Assistant-District Attorney Hennessey
who has charge Of the forfeited recog
| nizances Of the District Attorneys Office
| was called, the register of forfeited recoR
| nizanees was produced. and Mr.. Hennes
| sey was questioned regarding numbe
| of cases where the bond was forfeited.
| 1t was brought out that the same pei
| sons had become sureties on many oC
| caslons, and on the recognizances bein
forfeited, the forfeitures were never col
| lected.
| Mr.. Phillips announced that there wer
! some sixty cases of forfeited bonds, i
| charges amounting TO nearly 10000.
| which only a few thousands were col
| lected The examination goes on to-mor
| row