The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-06
FELLOWS STILL ON THE RACK
The Colonel Shows Considerable EX-
Citpmelt During The Day.


Statement Withheld-No Money Lost
to the City on Bail Bonds-Two Judges
Put on the Witness Stand.
New York. Dec. 5.-The trial Of District
Attorney John R. Fellows on charges of
neglect Of duty. was continued to-day.
The first witness called was Frederick
Hoffman. a fur dealer of No SO 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 had
large clothing house at No. $50 Broadway.
and whose firm was ruined through the
defalcations and forgeries Of Joseph H.
Louis, the confidential bookkeeper Of the
firm, was the next witness. Louis de-
falcation amounted to over 100000. Mr.
Schloss testified that he had been unable to
have Louis brought to trial, although the
dishonest bookkeeper had been promptly
arrested. and numerous requests have
been made at the district attorneys office
to bring him to trial.
Assistant District Attorney Unger, who
is the chief clerk in the district attorneys
office, was then called to the witness stand
and was asked if he had ascertained the
number of indictments remaining untried
on Dec. l, 1894.
Mr.. Unger said: II have not had time
to prepare such a statement"
did not Col. Fellows tell you not to pre-
pare such a statement?"
He did not"
did not he say in court that he would
not allow you to furnish the desired state
ment?"
Il did not hear Col. Fellows say any
thing of the kind. I have instructed the
clerks to prepare the statement" con-
tinued Mr.. Unger "and they worked on
it last night"
Have you found out how many cases
have been tried since Jan. 1, 1S94?"
mo"
Mr.. Unger was then questioned in re-
gard to several cases where indicted per-
sons were discharged without trial.
Attorney Phillips then went into the
homicide cases.
Mr.. Unger assured him that some of
them were ready for trial and would be
disposed of soon. Mr.. Unger said that
| several cases had never been brought to
trial for public reasons. When asked what
constituted public reasons, he said: I'm
certain cases the public welfare could only
be subserved by failure to try indict-
ments."
I'm the general sessions court there are
four Judges, but only three parts. Why is
that?"
THE law forbids more than three parts"
exclaimed Col. Fellows rising to his feet
and showing considerable excitement for
him. Col. Fellows said: "The district at
torney has asked the legislature to au-
thorize four parts of the general ses-
sions."
Mr. Phillips turned to him and said:
Colonel, do you mean to say that you
have ever made such a request?"
Col. Fellows admitted that he never had
but said that Mr.. Nicoll had.
Mr.. Hennessey read extracts from the
records of the district attorneys attor-
neys office concerning bail bonds. Mr.
Hennessey said that since Jan. l not one
cent had been lost to the city on bail
bonds
Attorney Phillips then announced that
he would rest his case with the right to
put in documentary evidence which he ex-
pected to receive from the clerks of the
general sessions court and from the dis
trict attorneys office.
Mr.. McCurdy then opened for the de-
fense by calling Assistant District Attor-
ney Unger and asked him what experience
the district attorneys Office had had with
ex-Alderman Jaehne as a bondsman.
After detailing a number of persons for
whom Jaehne had been bondsman, Mr..
Unger was asked if the city ever lost any
thing by Jaehne going on the bail bond
of prisoners, and he replied, mot cent"
Mr.. Unger was asked about Peter De-
Lacey's connection with the district at
torneys office as a bondsman. DeLacey
had qualified in $4,000. and the city had
never lost a cent by DeLacey going on
bail bond.
Mr.. McCurdy then asked: "Since Jan. l,
1894, have you ever taken bali bond with
out making a careful examination of the
surety?"
Never. have always carefully inves-
tigated'
''Can you point out a case" asked Mr.
McCurdy, where there has been delay
for any other cause than a public rea-
SOM"
None, to my knowledge"
How many indictments were found
against George Murray"
Il don't know; I don't remember but
one"
Mr.. Phillips then offered in evidence the
several indictments against Murray.
For what purpose?' demanded Col.
Fellows.
ITO show that your Office did not push
to trial indictments against thief" re-
piled Mr.. Phillips.
Among the other witnesses called by Mr..
Phillips were Judge Cowing of the court
of special sessions, and Judge Fitzgerald
of the general sessions.
Judge Cowing did not know how many
cases had been disposed of in his court
during the past ten months. He said that
sometimes he adjourned court as early as
l o'clock in the afternoon, usually by
o'clock in the afternoon.
Col Fellows arose and said he had one
question to ask Judge Cowing, which he
put to him as follows: rs it not a fact
that no case is put on trial except where
the defendant has previously entered a
plea of not guilty?"
THAT is true" replied Judge Cowing.
Judge Fitzgerald said that he was not
aware of any fault on the part of the
judges in dispOsing of cases.
In cross-examination by Col. Fellows
Judge Fitzgerald was asked: 80 it is not
always the case, judging from your ex-
perience, as district attorney and on the
bench, that there are large number of
cases continually arising in the districe at
torney's office?"
1T is, / believe"
This line of examination was objected to