New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-08
CLOSE OF THE INQUIRY.
THE TESTIMONY IN THE CASE OF
COLONEL FELLOWS ALL IN.

COLONEL FELLOWS ALL IN.
RECORDER sMYTH AND JUDGE MARITIME CALLED
FOR THE CT-ATToRNEY-THEIR STATE
MENTs SOMEWHAT SHAKEN on CROSS
EXAMINATION A NUMBER or FELL
Lowss ASSISTANTS SPEAK WELL
OF THEIR OWN WORK.
Ex-senator Linson, acting as commissioner by
Governor Flowers appointment, to take tesu-
mony on the charges against District-Attorney
Fellows brought his public labors to an end yes
terday. The most prominent witnesses examiner
Judge Randolph B. MARITIME and Recorder
Frederick Smyth. who called on the DIS
trict-Attorneys behalf. but their testimony was
considerably neutralized by the cross-examhatoh
of ex-Judge George NJ Van Hoesen
Commissioner Linson took his seat on the bench
Il; 1890 and Judge MARITIME occupied seat NJ
his side Mr. McCurdy called Judge MARITIME az
a witness He was asked: rs there distinction
made between prison cases ana pan cases III re-
gard to their time OF tral?'
There has always been" Judge MARITIME said
that Jail cases always tried first Tor many
reasons He said that business in his court during
the present year had not been delayed by reason
of the failure of the District-Attorney TO furnish
business
From your experience as District-Attorney and
as Judge is IL possible for the courts to dispose
OF bail and prison cases both?
"In my opinion no.
"Since January l. 1884, has 1t been possible to dis
nose OF both classes OF cases pending with the
force OF the District-Attorney ONCE III" TIC
present courts"
I'm my Judgment. no.
CROSS EXAMINATION OF THE JUDGE
Ex-Judge Van Hoesen then cross-examined Judge
MARITIME.
"Do Won remember writing a letter in 1891 that
the present judicial force of the Criminal courts
was sufficient to transact criminal business OF the
county
81 believe did write such a letter.
.po YOU believe that there has been such an
increase during 1894 In criminal cases "a to make
II impossible for the courts to transact business
now A.
81 believe that all bail cases cannot now be d's
posed Of 600,
Judge MARITIME said that the letter written In 1871
was the act Of the entire court and not altogether
| his private opinion. He also said that he now
I considered tho Criminal Court inadequate.
| ..tIow often have you adjourned court Tor want
OF business during the past year
| "Tv,ice that | can remember" replied the wit
ness
How many times have motions been maze oy
| dcf.ndants' counsel to dismiss the cases because
! the District Attorney has failed to prosecute
| II should say six AT each time
| "ts 4, no, SO that failure to bring bail cases 10
trial promptly often results In loss OF Witnesses
/ often that happens.
! While he was testifying Colonel Fellows ehtered
rho room and took seat next to Mr.. McCurdy
! ON redirect examination Juig" Maruhe SAL"
! Tim, the number OF parts running depended upon
"a. Judges and not the District Attorney
Recorder smyth was the next witness Mr..
vccurdv asked. 80 nee January. 1884, have you been
compelled to adjourn your court because '"e
D,s,rict Attorney I'D not furnish business
Never"
~, cro.s.exa,n,nation by ex Judge Van Hoesen.
tho Recorder said he had never lacked business
because OF tho District-Auorney's conduit
| DO YOU think that the Judges ar" suhcieh' III
number 20 uy all the criminal cases
yes and no Ordinarily. the courts are sum
! -, 60 hsndI. the business but when the Grand
| t,,rv hiring I'm 100 indictments In one month IL
I. no, po.sibe for the courts to dispose OF all the
| business
| TIE RECORDER GETS EXCITED.
| p.corder smyth became somewhat excited during
| ,,a termination. ana asked Mr.. Van ioesen who
| was cross-cxamlnng him. Am on triai'
"oh no" replied eS-Judge Van Hoesen' we
| M. only charging Colonel Fellows nov" 40 w"
know OF any reason why policemen indicted TOT
| ",or,io, I'm January 1896 have not been brought
| to trial.
Il don't know OF reason"
.t,ov many parts OF court were there last July
| and August
..,, ,hr. hoo, an application made to YOU by
,h ns,rtct- Attorney to sit while your part was not
! I'm session
NO I would have had to decline. as the law
doesn't allow more than three parts.
There should have been two parts he'n !" 'u''
| and August. should there nor
.yes under the rule"
| ..,,,sn,t II happened that IT every term OF the
| court motions have been made 10 DISMISS ''S' ''
| want OF prosecution.
no that is not So.
rno recorder admitted tina, ne was one Of the
t,,dc.s vho In 1891 said that there were sufhceh,
Judges to dspItch the business He had not 'h"hs'
| ht mind sire, then ami said that It was only IN
cxtr, cases Ike the 100 indictments that there was
| any embarrassment
STATISTICS ABOUT INDICTMENTS
Then Mr. Phillips called Assistant District "'.o'
| nov I'ngor 10 the stand and asked MN II NJ "'''
| ,h statement Of the number OF Indictments turner
over to the District Attorney In January, i"'' III
| cer then gave some statistics on these points
| ,,or,, w,lsh of General Sessions. was again pu'
ON ,h witness stand and testified that from Janu-
| arv | TO December /. 1894. 3552 inacthets 'o'
feoncs found ana ~ Tor ,innosed of? The
Witness gave the figures and said that , tne p,'
| Indictments undIsposed OF foumd pe'"e'" '"'"'''
| and December |. 1891. was @ll'
FELLOwss ADMISSION.
| - , .,s tber excused and Mr. Phillips
! s.,d. "Nr Commissioner. had proposed to IN
| ,roduce a certain line Of evidence TO sho" 'a' "
nj public conf ience in the DistrictAttorhev' o",
os the Disrict-Attorncy has practically anml.e'
his inability transact the business o, ms y, 81
hx ,"ninp In the request OF the committee Oh ''es
r2ty FOR Deputy Attorney General we 90 n1t ooa
slider II necessary to introduce that line Vi e'''"
now ,,.,o.., E.iIows IN his
,.a, and he said TO the Commissioner; NUS
le'' ',"u,,ss,on to make a statement In reply 10
what Mr. Phillips has just said 10 no, oe'' 1n
ri there is A la * ~ public confidence III me oi,s
vear ago after ! had already served one TERM no
district Attorney. was elected ny oo.V ,, Hnfoye
IA moi do any more than has been done pe,o !,
when / asked that a Deputy Attorney -Henera ~, u.
sent here to take care OF unusual pus'heSs VIA
has arisen ,,, a pavis was
Assistant Ds,rctAttorney Vernon NJ 1at hst he
,ben called by Mr. McCurdy, and testireu sna' ne
hhaI always had plenty OF business ready Tor me
nourts and that he believed that the other As,