New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-27

fAA
| Mp RODERICK EXPLAINS AN OBJECTloN.
tho registry lists for Mr. Gaynor. y man there
| Who "a | understand was one OF your pohce-
| mon said he could not have copy Oh .no,
registry lists without e5 Tr S not know that Mr.
Gaynor wanted a copy Of the nsts. -, cou, -
he can have a copy. | gave That man mo, mos o.
ders; but Il you want a copy OF the hS's -"
~ II said We do want a copy for the purpose
Of this campaign. VIII you eve me suc" al
He replied. Yes and I will do even more more;
7 will tell Johnny Murphy to telephone Gown
there and give this man orders 10 let you na'e
COPIES of the lists " ,,,
Mr Mayer then detailed conversa ton wh h,,
he had with "Johnny' Murphy ite sala YEA,
Murphy told HIM he had seen Mchd , 7H %,r,
| about giving the order or felcphoning. ana 'ie
witness asked him to call Mckane's attention 10
| It, Afterward Mayer went 10 hls OWL o, ,,...r
| end Murphy called. After some argument over
| tho ouesion OF a copy. Mr. Murphy shld'
we are not going to let everybody that comes
down there copy those lists. We doh h, nov,
whether every man who comes down there ana
eoes into our houses Is a friend CO. lr OF
! thief" or words 10 that effect MI MnIihy
! afterward entered Mr.. Gaynors p',1'c 'nI. T;
! and remained there for some time. ABOUT nan
a. hour later the telephone bell rang and MI.
| Grout answered H.
4 CONTROVERSY OVER EVIDENCE
| A, this noint a con,r6versy arose ~ 10 the al
mlssib!llty Of the telephone message when hid
been received by Mr. GrJui. Throughout '"e
] entire proceedings counsel FOR the defence haH
! entered strenuous objections ny 80 $50
I FINALLY counsel for the prosecution introduces d
letter book the contents oi whirh ih'.u','
| letter presumably copy al one written !" JON.
| v NcIiane from Mr. GaynOr's Office On '''"U''
! 81 the book was passed over - counsel for the
defence and series Of questions were pu' 10 W.
| witness lie testified 10 The TACT mat IN" -
had been written copied in the leticr-bo'k by me
n@.ahov inclosed in a stamped envelope al-
| dressed 10 John Y. McKane at No. 80 '"nrt-SI
| and placed In the chute when iT",n M mr.
floor OF the building occupied - "ir. 'Ayh''
| conveyed All letters mailed hy the firm - gen
eral letter-box on The frs, floor from W,i'h I'VE
letter-carrer collected the letter. PbJ, iu" ~
made hy the defence rs 20 whether the r'i"r this
! mailed had reached ifs destination. me ''Irt
ruled however. that a Letter tnus to2'at"d was
practically in the control 81 the pos'on'r 49,
| mcnt The copy Of the letter was no. r.hh' Du'
| will probably be introduced later IN c'lneh''-
THE DEFENCE CONFUSED.
Then Mr.. Grou, was called for the purpose OF
| connecting Mr. McKanc with the telephone mes
| cage which paqsed in response e. In" cal Ie-
ferred 10 by Mr. Mayer Mr. Grout said In si'b-
stance that the person at the "tn"f Oh" 81 w.
telephone fad he was Mr.. Mchan". ~ tl''s
| point an incident occurred which Was SOM ' ,
Confusing TO the d. fence. In an affidavit mace py
| John Y McKane IN the contempt pr"crei!Ies :.
he is alleged to have declared 'ha. on wa, A., A.
| and about that time he id telephone 10 NJ .
| Gaynor's Office. Mr. Grout later gave the text
| OF this message.
| He sa,d; The person Who called me up sdid
| Il am McKare, and | want you To tel MI. 'ay
| nor that | don't like the way he talked To hr.
| Murphy. II he wants copy OF the r'sihuS
lists OF Graveycnd will have "A copy made Tor
him I told him that Mr. Gaynor ala not want
! a list Of his copying. but one that couid DE
verified Well said Mr. Mckane. II Mr. Gay,
nor tries that sort Of thing with me he VIII
have a hard tim" Of It. II IL easier 10 e.,
along with me without fighting than with ~
This episode was regarded by those present hs
the most damaging testimony offered against
| tho attendant Taken in conjunction with MS
previous statement to Mr.. Mayer II was direct
link OF McKane with the proceedings OF "o-
struction at Gravescnd. He had convicted NM
self nv his own oath. and cut Of his own mouth
Judge Troy and Mr. Rodcrick both sought WIN
much earnestness and legal dext"ri,y' 10 tx,
punee the testimony from the records. tut II
was OF no avail. The Judge permitted us &C.
ceptance. A.,
question OF admitting evidence with view -
connecting the action OF the men VINO were
ostensIbly engaged In copying The registry lists
at the time Mr.. Gaynors representatives, visi, e,
Gravesend with the inspectors who were Ill,
recty responsible for their use by the genera
public Mr. Mayer occupied the stand much Of
the afternoon. although some Of his associate
who had gone to Gravesend on the same efrahu
were occasionally introduced
| JUDGE BARTLETT"s CAREFUL RI'fiNGs
The proceedings were rarely enlivened by
anything approaching humor until the cross
examination OF Mr. Mayer was under
taken by Judge Troy. Then there was
considerable legal sparrlng. they both being
lawyers. But at every point where the prose
cuton sought to introduce Testimony bear
ing upon the conyersat Ions between the
representatives Of Mr.. Gaynor and the mer
engaged In copying the registry lists Judg'
Bartlett ruled that the evidence. ac
copied would not link the actual and lega
custodians OF these lists with the defendant
| ard hence could not be admitted. He accepted
certain statements to characterize the treatmen
! by the temporary custodians but not as anect'nl
the legal clistodians lie exempted all converse
| tions that were held by Mr.. Gaynor's men witt
these engaged IN TIE work Of trarscrbng ex
cept as related to this point Mr.. Mayors testi
| mony embraced the acts which he and his com
panons had performed their separate visit,
| both fan connection with the search for the reg
istry lists and the service of the mandarin!
| papers.
| At o'clock the DAYS session closed an,
| to-day testimony will be heard from To l.
| o'clock. The advisabiiy Of holding after
noon session to-day was discussed but Judg,
bartlett expressing the hope that there woulC
ne nothing in the record which would furnsl
q point on which an appeal could rest with
possible affirmative result. decided that in view
Of the sentiments OF high judicial authority OF
the subject II was his duty TO adjourn the cas-,
shortly before IL O'Clock to-day until Monday o
next week.