Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-12-08
THE FELLOWS CASE.
1T IS DULY DECLARED At AN END
BY THE COMMISSIONER.
The District Attorney InduIges in Few
Observation-Disclosures smythe as Wit
ness shows Irritation.

NEW YORK, December 7-Judge Mar
tine. OF the Court OF General Sessions,
was the first witness to-day In the in
vestigation OF District-Attorney Fellows.
Before going on the bench Judge Mar
tine was District Attorney.
He was asked: "Is there distinction
made between prison cases and bail
cases In regard to their time OF triai7"
There has always been" Judge Mar
tine said; ''bail cases are always tried
first for many reasons
He said that business In his court du-
ring the present year had not been de-
layed by reason Of failure OF the Dis
trict Attorney to furnish business.
From your experience as District At
torney and an Judge, Is 1t possible for
the courts to dispose Of bail and prison
cases bothT'
I'm my opinion, no."
"slnce January /, 1894, has It been
possible to dispose OF both classes Of
cases pending with the present force Of
the District Attorneys Office and the
present courtsr'
TN my Judgment, no."
Ex-Judge Van Hoesen then cross-ex-
amined Judge MARITIME.
do you remember writing letter In
1891 that the present judicial force OF the
Criminal Court was sufficient To transact
the criminal business of the courts?"
81 believe / did write such letter.
"Do you believe that there has peen
such an increase during 1894 in criminal
ot<r tr,,n cfhtQ for the
courts TO transact business nowT
II believe that all bail cases cannot be
disposed Of"
Judge MARITIME said that the letter writ
ten in 1891 was the act Of the entire court.
and not altogether his private opinion
He also said that he now considered the
criminal court inadequate.
Are you aware that there was man
| in the Tombs charged with murder from
November 16, 1891, until his trial, July u
1S9i?"
Eyes, have heard So"
"How often have you adjourned court
| for want of business during the past
year?'
Twice that can remember Of" replied
| the witness.
rs II not so that failure to bring bail
cases to trial often results In loss Of wit
| nesses?"
"Often that happens"
.'There Is no rule of law known to
you that prevents the bringing to trial
| of bail cases IL the District Attorney
moves their trial, Is there?"
| "None that know Of"
Recorder Smythe took the stand, and
| testified that he had not, since January,
| 1894, been compelled to adjourn his court
because the District Attorney did not
| furnish business, and he thought thai
under ordinary circumstances there was
a sufficient number Of judges to promptly
| try all cases: but when the grand jury
brought in 1,100 indictments in one month
1t was not possible to prevent delay.
THE RECORDER EXCITED.
| Recorder Smythe became somewhat ex
cited during his examination, and asked
| Judge Van Hoesen, who was cross-ex
| amining him. Am / on trial?'
"Oh, no." replied Judge Van Hoesen
1--WE are only charging Colonel Fellows
| Now, do you know of any reason why
| policemen indicted for extortion in Jan
uary, 1894, have not been brought K
trial?"
81 don't know Of any reason"
| At one point in the cross-examinatior
| Judge Van Hoesen said: I'VE viii CON
cede the ability OF Colonel Fellows -:;AeD
| ever he can be induced 10 try CASE
| 1--WE won't accept your concession" -
| claimed both Colonel Fellows and NJ
| McCurdy.
| Mr.. Phillips called Assistant-District
| Attorney Unger to the stand, and asked
| him If ne had a statement of the mum
ber Of indictments turned over to th'
District Attorney in January, 1894
81 have" replied Mr.. Unger. "Ther'
| were S57 indictments-56O for felonies anc
| 297 for misdemeanors."
"How many indictments were found In
| the Courts of General Sessions and Oyei
and Terminer from January 1st to De
| cember l, lS94?'
Mr.. Unger replied that S57 indictments
of which SEQ were for felonies and 297 fo
| misdemeanors, were found. Mr.. Unge
| said that on November 9th last, when th'
1 pending charges were filed, there wer'
| 1861 indictments pending-SM felonies an(
/ 567 misdemeanors.
| Clerk Walsh, of the General Sessions
was again put on the stand, and testified
that from January 1st to December /, 1884
| 1852 indictments for felonies were founC
and 442 for misdemeanors.
"Can you tell how many were disposed
| off"
The witness replied: "Three hundret
and sixty-nine were convicted Of felonies
IS OF misdemeanors: 1,150 convicted o.
felonies by confession and 457 by confes
sion Of misdemeanor; 6SS persons were dis
charged without trial In felonies upoi
bail, and As convicted of misdemeanors
The total number of indictments undis
| posed of, found between January 1st ant
December /, 1894. is 3.1l9."
In response TO cross-examination Mr.
Walsh said that there were hundreds o
cases that passed through the Distric
Attorneys office to the grand jury ant
never reached trial.
Here the prosecution rested for the las
time.
sMr McCurdy, Colonel Fellows, and Mr.
| Unger held brief consultation, and theI
the District Attorney arose and replied
to a short speech that MIR. Phillips mad
in closing to the effect that II bad beef
their intention to call attention to tn
lack OF public confidence in the presen
District Attorney. but that the Commit
tee of Seventys letter asking for a spe
cial prosecutor was sufficient evidence oil
that point.
THE COLONEL'S MAJORITY.
The Colonel said that the $500 ma
jority by which he was elected to hi
office, after he had already served on
term, was sufficient evidence for hin
of the public confidence. He repudIate,
the statement that his concurrence In tn
Seventys request was an admission o
anything beyond need for assistance
in the disposition of an extraordinar.
quantity OF business.
ACKNOWLEDGMENT Vernon NJ
Davis was called as a witness for tn
defence. His testimony and that OF AS
sistant- -District-Attorney Mcintyre, VIII
followed, was recital OF the details o
the methods of the District Attorney
Office. and an expression of belief that 1
is impossible for the present crimina
courts TO dispose OF ell the business pre-
| sented 10 them. They testified that ther
| had been no unnecessary delay in tn
District Attorneys office in the trial o
| cases