The times. [volume] (Richmond, Va.) 1890-1903, 1894-12-08
FELLO INOUIkY ENDS.
The Colonel Makes short Speech In His
Own Behalf.

Own Behalf
NEW YORK. Dec. Judge MARITIME, OF
the Court of General Sessions. was the
first witness to-day in the investigation
Of District Attorney Fellows. Before go
ing on the bench Judge MARITIME had been
District Attorney. :.
He was asked: "Is there "A distinction
made between prison cases and bail cases
in regard to their time of trial?'
There has always been" Judge MARITIME
said. Bail cases were always tried first.
for many reasons
lie said that business in his court dur
ing the present year had not been de-
layed by reason of the failure Of the
District Attorney 10 furnish business.
From your experience as District At
torney and as judge, is it possible for the
| courts to dispose Of bail and prison cases
both?"
"Gn my opinion, no"
Since January /, 1894, has it been pos
sble to dispose Of both classes of cases
pending with the present force of the
District Attorneys Office and the present
courts|"
In my judgment, no."
cRoss-ExAMISKD.
Ex-Judge Van Hoesen then cross-eXam-
ined Judge MARITIME
"Do you remember writing a letter in
1891 that the present judicial force Of the
Criminal Court was sufficient TO transact
the criminal business Of the courts|'
Il believe | did write such a letter"
"Do you believe that there has been
such an increase during 1884 in criminal
ca; es as 30 make it impossible for the
courts to transact business nOWT'
Il 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 considerd the
| criminal court inadequate.
Are you aware that there was man
in the Tombs charged with murder from
| November Is. 1891 until his trial, July
.. 1892"
Yves. I have heard So"
How often have you adjourned court
for the want Of business during the past
year,"
"Twice that I can remember Of" re-
| piled the witness.
rs IL not so that failure to bring bail
cases 10 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, If the District Attorney moves
their trial, is theFe|
mot that l know OF"
RECORDER sMYTHE TEsTIFIEs.
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 that
under ordinary circumstances there was
a sufficient number of judges to promptly
try all cases; but when the grand jury
brought In 100 indictments in one month
IL was not possible to prevent delay.
Recorder Smythe became somewhat ex-
cited during his examination, and asked
| Judge Van Hoesen, who was cross-eX-
amning him, Am | on trial"
"Oh, no." replied Judge Van Hoesen,
] I'VE 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 10
trial?'
"I don't know Of any reason"
At one point in the cross-eXamnation
Judge Van Hoesen said; I'VE will cOncede
| the ability OF Colonel Fellows whenever
he can be induced to try a case"
I'VE won't accept your concession" ex-
claimed both Colonel Fellows and Mr.
| McCurdy.
THOSE INDICTMENTS.
Mr.. Phillips called Assistant District
Attorney Unger to the stand. ana asked
| ber OF indictments turned over 10 the
District Attorney in January. 1894.
81 have" replied Mr.. Unger.
There were S57 indicments-560 for felo-
nies and 2H for misdemeanors.
How many indictments were found In
the Court OF General Sessions and over
and Terminer from January lst 10 De-
cember !, 1872
Mr. UnSer replied that S7 indictments.
| of which 900 were for felonies and ~
| for misdemean0rs were found Mr. In
| ger said that on November 9th, last, when
the pending charges were filed, there
were 1851 indictments pending--So1 felo
| nies, and 567 misdemeanors.
| Clerk Walsh, OF General Session, was
| put on the stand and testified that from
January lst to December /. 1894. 1852 In
| dictments for felonies were found, and 442
| for misdemeanors.
Can you tell how many were dis
posed off,
The witness replied: Three hundred
and siXty-nine were convicted OF felonies,
10 Of misdemeanors; l.150 convicted of
feionies by confession. and 457 by confess
sion OF misdemeanor; 6Ss persons were
discharged without trial In felonies, upon
bail, and 45 convicted OF misdemeanors.
The total number Of indictments uniis-
posed OF between January lst, and De-
cember /. 1884, is S,fi3."
In response 10 cross-examinauon. MT.
Walsh said that there were hundreds OF
cases that passed through the Distric.
Attorneys office to the grand jury anu
never reached trial. -.
The prosecution rested for the iae'
time.
COLONEL PILLOWS IN HIS OWN BrHALf'
Mr.. McCurdy, Colonel Fellows ana MI
Unger held a brief consultation, ana ad az 70
The District Attorney rose and rephsu -,
a short speech that Mr.. Phillips naa,ion
closing. To the effect that their M ,,c con-
was to call attention to lack OF puDN'