The times. [volume] (Richmond, Va.) 1890-1903, 1894-12-06
FELLOWS ON HIS METTLE
CHARGES AGAINST MN or yEGLECI
or DUTY RUFFLES HIS TENPE4.
Tho Prosecution Kssts aud the Defence Be
gins tho Examination of Witnesses.
Judges Testify.

charges OF neglect OF duty, was continued
to-day. The nrst witness called Was
Frederick Hoffman. furniture dealer.
OF No. 70 Nassau street. he told tne
history OF the theft OF his watch In
February last and Of his inability to get
the District Attorneys oifiee to prosecute
the thief.
henry ]. Schloss, who formerly had a
large clothing house at No. oo2 broadway.
and whose nrm was ruined from defaica-
tions OF John Lewis, the confidential
bookkeeper OF the firm, was the next
witness. Louis defalcations amounted TO
over $4,000. Mr.. Schloss testified that he
had been unable to have Lewis brought
10 trlai, although the dishonest BOOK.
keeper had been promptly arrested and
numerc is requests have been made AZ the
District Attorneys office 10 bring him 10
trial.
NUMBER OF INDICTMENTS UsTRiED.
Assistant District Attorney Unger who
is the chief clerk in the District Attor-
ney's office, was then called TO the Wit
ness stand, and asked II he had asG-r-
taIr ed the number oc indictments re
II have not had time % prepare such
statement" replied Mr.. Unger.
Did not Colonel Fellows tell YOU not
to prepare such q statement
"He did not"
"Did he not say I'm court that he would
rot furnish the desired statement"
81 did not hear Colonc! Fellows say
anything OF the kind
II have instructed the clerks 10 2,e-
pare the statement" continued Mr.. l'n-
ger "and they worked on II !ast Nigh,
Have YOU found GU how many cases
have sNol been tried since '""""ry l. 1917
MIR. Unger was then questioned 10 tre-
gard TO several cases where indicteu p'.'
sons we're discharged without trial ~
torney Phillips then went into The hohll.
eide cases Mr.. Unger assured MIN thas
some of them were ready Tor tr'ai' anu
would be disposed OF soon MI, MI, lien hsen
said that several cases had never pecn
brought to trial. for public reasons W hen
asked what constituted publh' re"eoh,'
he said. In certain cases the puDih WEI
fare could only be subserved by tallufe
to try indictments.
COLONEL r1ILows EXCITED.
"In the General Sessions Court there
are -four judges but only three psf'''
"rhe law forb,ds more than three
parts." exclaimed Colonel Fellows ils
ing to his feet. and showing conSiue' """
'.,olonei Fellows" said the attornes
has asked the Legislature To autpohze
four parts OF general sessions -,
MIR Phillips turned to him anu salu
Colonel. DO you mean 10 say mat 20"
have ever made such request!
Colonel Fellows admitted that he never
had. but said that Mr.; Nicou had ,ha
MIR Hennessey read extracts from ne
records of the District Attorneys ohiss
concerning bail bonds Henuessey said
that since January lSt not one fen' "''N
been lost To the city on BAN oohus' -.
Attorney Phillips then announces INA
he would rest his case with the T'Sht l"
put in documentary evidence, when p"
expected 70 receive from the elerss rs,, Of tbs
District Attorneys Office.
HE OFFENCE OPENS.
Mr.. .IcCurdy then opened for the de
fence by calling Assistant Attorney "
gers, and asked him what experience IN
District Attorneys Office had al With 80
alderman Jaehne as a hOndsman' tte.
detailing a number OF persons for Wuoil
Jaehne had been bondsman. Mr.. Onae
was asked II the city ever lost any hu's
by Jaehne going on the ball bond o.
prisoners, and he replied: Not "A ccni.
Mr.. Unger was asked about Peter De
Lacey's connection with the Office AZ a
bondsman. DeLacey had qualified In ~
300, and the city had never lost a cent b
DeLacey going on "A bail bond.
Mr.. McCurdy then asked since Jan
uary |. 1894. have you ever taken a bti
bond without making careful exam'Ed-
ton OF the surety"
Never. 1 have always carefully inves-
tigated.'
'Can you point out a case" asked Mr.
McCurdy, where there has been dety
for any other cause than public rea-
SOM
None. to my knowledge"
How many indictments were found
against George Murray
u oh hHo"' uoh iciheihUe' "e'
one
Mr.. Phillips then offered In evidence
the several indictments against Murray;
For what purpose" demanded Col
onel Fellows.
'''ro show that your office did not push
TO trial indictments against a thief, re-
piled Mr.. Phillips.
ThL JUDGEs FxANIsED.
Among the other witnesses called ~
Mr. Phillips were Judge Co"ing, oi ne
Court of Special Sessions; and Judse
Judge Cowing did not know how many
cases had been disposed OF In his cOui!
during the past ten months. lie S..lu
that sometimes he adjourned court az edi
ly as O'Clock l.. NJ: usually By 4 T.. 81,
Colonel Fellows arose and 81 81 ne uta
one question 10 ask Judge Cowinb, Wblrn
he put to him as follows:
rs il not q fact that no case Is put On
trial except where the defendant mas
previously entered a plea Of not Gulity
THAT is true" replied Judge CowinS.
Iudge Fitzgerald said he was aot
aware OF any fault on the part 81 ule
Judges In disDosing OF cases In ciiosa'
examination by Col Fellows, Judge Fltz-
gerald was asked.
so IT is not always the case. Judging
ney, and on the bench, that th.re are
a large number OF cases continually arts
ing in the district attorneys oiheeF
1T is So We -,-,..,
ThlS line OF cHdnihatloN "aS ODJ'f 80
TO- and Colonel Fellows, showing G y li
cradle excitement. turned TO Mr. FhliLpi
and said
COLONEL FELLows SHOWS IEMpfP.
"You have charged me with willful neg
lect and | now propose 10 show where
the responsibility lies. | want 10 show
that | am no more guilty OF neglect than
other district attorneys
Here Commissioner Linson said
Colonel Fellows, would not open
that feature OF the case, or YOU VIII
throw wide open the door for others TO
say that that is your excuse for tie
alleged neglect"
Colonel Fellows then asked Judge Fitz-
gerald:
Are you aware that the district attor-
ney has shrked his duty"
II am not" came the prompt reply.
At this point the hearing was adJour
until tomorrow.