Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-12-06
THE FELLOWS INQUIRY.
Opening OF the Defencc-Judges on the
Wttness-Stand.

THE FELLOWS INQUIRY.
| ---------
Opening OF the Defence-JudGes on the
| wttness-stand.
NEW YORK, December 5.--The trial Of
Distrlct-Attorney John X. Fellows
on charges OF neglect OF duty
was continued to-day. The first
witness called was Frederick Hon.
man. q furniture dealer of No. 90
Nassau street He told the history OF
the theft OF his watch In February last.
and of his inability to get the District
| Attorneys office TO prosecute the thief.
! Henry j. Schloss, who formerly mad a
! large clearinghouse at No. 652 Broadway
| and whose firm was ruined by defalca-
tions OF John Lewis. the confidential
| book-keeper OF the firm, was the next
witness. Lewiss defalcations amounted
| 20 over 10000. Mr.. Schloss testified
! that he had been unable to have Lewis
brought to trial. although the dishonest
book-keeper had been promptly arrested
| the District Attorneys office to bring
him TO trial.
Assistant t-Distrlct-Attorney Unger. who
| Is the chief clerk in the District Attor-
ney's office, was then called TO the wit
ness-stand and asked If he had ascer-
! tanned the number Of indictments re-
naming untried on December j, 1894.
/
q statement" replied Mr.. Unger.
"Did not Colonel Fellows tell you not
| to prepare such statementT
"He did not
"Did ne not say in court that he would
not let you furnish the desired state
II did not hear Colonel Fellows say
anything Of the kind"
II have instructed the clerks to pre-
pare the statement" continued Mr..
! Unger. "and they worked on it last
/ night
! Have you found out how many cases
have been tried since January /, 1SSi?'
Mr. Unger was then questioned in re-
: gard to several cases where indicted
/ persons were discharged without trial;
| Attorney Phillips then went into the
| homicide cases. Mr.. Unger assured him
that some of them were ready Tor trlai
/ and would be disposed Of soon. MIR. IN
ger said that several cases had never
/ been brought to trial for public reasons.
! When asked what constituted public rea-
/ sons he said: "In certain cases the public
welfare. could only be subserved by fal-
| ure to try indictments"
| I'm the General Sessions Court there
are four judges, but only three parts;
/ why is thatY'
"The law forbids more than three
/ partsv exclaimed Colonel Fellows, rising
/ element for him.
"has asked the Legislature TO authorize
! four parts of General Sessions"
! Mr.. Phillips turned to him and said
! colonel, do you mean TO say that you
! have ever made such requestY
/ Colonel Fellows admitted that he never
had. but said that Mr.. Nicoll had.
! Mr. Hennessey read extracts from the
records of the District Attorneys Office
concerning bail bonds. Hennessey said
that since January 1st not one cent had
1 been lost to the city on bail bonds.
] then announced That
/ he would rest his case with the right 10
put In documentary evidence which ne ex-
pected to receive from the clerks or the
/ General Sessions Court and from the Dis
( trlct Attorneys office.
THE DEFENCE.
Mr.. McCtlrdy then opened for the de-
} fence by calling Assistant-Attorney Ungcr
/ and asking him what experience the Dis
I trlct Attorneys Office had had with ex-
Alderman Jaehne as a bondsman. Attsr
detailing number of persons for whom
Jaehne had been bondsman, Mr.. unger
was asked If the city ever lost anything
by Jaehnes going on the bail-bond, OF
prisoners, and he replied: mot cent"
Mr.. IJnger was asked about Peter de
Iacey's connection with the Office. as
a bondsman. De Lacey had qualified In
/ $4,000, and the city had never never lost lost cent
{ by De Lacey's going on hail-bond.
| Mr.. McCurdy then asked: Since Janu-
ary l. 1894. have you ever taken ball
bond without making careful examna-
ton Of the suretyY'
Never. 1 have always carefully NJ
"Can YOU point out a case" asked Mr..
Z McCurdy, "where there has been delay
/ for any other cause than a public rea-
'None TO my knowledge"
How many indictments were 1ound
! against George Murray
81 don't know; l don't remember pu'
/ Mr.. Phillips then offered in evidence the
I several indictments against Murray. FOR
what purpose?" demanded Colonel Eel
I lows. .a.o a,s no, ,usb
10 trial indictments against a thief, re-
Among the other witnesses called by
! Mr.. Phillips were Judge Cowlngi OF r,,I ne
Court OF Special Sessions, and Judge t1tz-
gerald. of the General Sessions.
Judge Cowing did not know how many
cases had been disposed OF In MS court
during the past ten months; re &c sa,T ar,,, v"as
/ o'clock Z. NJ, usually by Z. N.
Colonel Fellows arose ana sara ne nab ,i
one question TO ask Judge SoWlhs' Which,
I he nut TO him as folloWs:
/ "fs il not a fact that no case Is put on
J trial except where the defendant mas pre-
/ viously entered q plea OF not guilty.
{ ssThat is true" replied Judge CoWing. .
Judge Fitzgerald said that he was not
( aware OF any fault on the part or me
Judges In disposing OF cases. In crosss,,eA-
animation by Coionei feho"s' 'uueS = -
80 ii is not always the case. judging
from your experience as District Attor-
/ nev' and on the bench. that there are a
! large number Of cases continually arising
in the District Attorneys ofiice!
: at Is so, | believe" ,
This line Of examination was objected objected
/ 10 and Colonel Fellows. showing consider-
! eble excitement. turned to Mr.. Phillips
J and said: "You have charged me with
wilfuI neglect, and / now propose 10 snow
where the responsibility lies. l want 70
show that I am no more guilty OF neg
lect than other district attorneys; .c,.
Here Commissioner Hnson said; Colo-
mel Fellows. would not open that Feature
OF the case. or you will throw wide open
8 the door for others TO say that that Is
vour excuse for the alleged neglect.
Colonel Fellows then asked Judge fltz'
Are you aware that the. District At
torney has shirked his duty?'
| al am not" came the prompt reply.
| AZ this point the hearing was ADJOURNED
| until tomorrow.
| ANnA IN nC TLtEE