New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-05
,,.Ny DELAYS IN TRIALS
INQUIRY INTO THE AFFAIRS OF FELL
III" LOws'S OFFICE.
.,rxrs THAT HAVE BEEN DIsREGARDED
.on A LONG TIME OR REMAIN uNDIs-
,osrn oF-IRREGuLARITY IN THE
ACCEPTANCE OF BAIL.

long TIME OR REMAIN UNDIs-
,osrp oF-IRREGULARIrY IN THE
ACCEPTANCE OF BAIL
,rv superintended by ex-senator John j.
the ~ kingston. into the charges of the Good
Lnsoh' members of the German-American Re-
Govern against District Attorney John r. Fell
fo3"' ~ oAscal neglect Of duty. was continued yes
lows T. the old General Sessions Courthouse In
ter"' u,u Park The examination OF Henry w.
CW - the District-Attorney's Office was con-
Unse,' -, Louis ]. Phillips, associated with Theo-
.mu'I su,ro as counsel for the German-American
doIs Union Some important admissions were
Reform ,,or, Mr.. Unger. showing how Charles l..
secure hrother of Henry w. Jaehne, the
Jaehn, Alderman. was accepted as a bondsman
"po r,strict- Attorneys office in amounts agere-
IN wv ,acoo since February l last. The disap-
ssu"s NJ Mrs Thurow. the Lexow witness whose
pA,,v Is necessary 10 convict number OF IN
tesu..~poco officers. including ex-Captain Doher-
dc'" Colonel Fellowss failure to try indicted
~ whose connection with prominent Tammany
F',.,s was we'll known. as well as other cases
ONCE ..rs heen the subject of public comment.
VINE org the points brought out at yesterdays
sson. u,,. ~, hand De,os Nc
counsel for Colonel Fellows. came into the
oNu, ,oon with John Yard. who is associated with
Am IN the practice OF law.
"' Monda.. was called 10 the Wit
ao' and Mr. Phillips continued his ex-
ness chair an" ''
animation .,,, ,,,...,o, ,,,or,ov said
~" ,av that il was his duty in the matter OF
,.u.d recogrzances only TO issue executions
80 tho Sheriff should collect Now. hold that
~. sheriff is merely an executive officer OF the
a.. and that II is the duty OF the District-A'orney
Jaw .-osscute him" MIR. Phillips quoted as his
4 I Sections
"u az, .o a, the Code o. Criminal Procedure, and
" 49, County law Article X. Mr.. Philips re-
80 N the loss 10 the city by the District-
..sr,,r 10 collect on forfeited bonds. and asked
.,. rness " there was in the Disirict-At'orney
So an application 20 Governor Flower Tor the
,,s cf an extraordinary term OF oyer ana
Termner. 49,, .-s ~
fe,onies was kept ,
~, r,,n,ns-rhe District-Attorney doesn't sub
~ ,hs COMPLAINTS that come before the Grand
Juy does he?
,Ir McCurdy objected TO this question ana Was
or stained BY Ilr. L!nso".
You have In your Office book which gives
,soori OF cases disposed Of what is that? asked
yr Phillips
vr McCurly was on his feet in second. and
.,,sctAd 1T seems we have had enough about
,ooks Why can't you get down 10 your direct
charges? said he - 49,.
"Mr Phillips may expect to prove his charges "S
TIE contents O. the book" explained the referee
Tl,e witness then started to explain. when NJ
NcCurdy stopped him, and said; Let the pooA
sreak for Itself.
BAIL FROM JAEHNE
The witness was then asked If he could remember
ths cases where surety had been accepted rom
one Jaehre in number OF cases which MI fhi'-
,sos enumerated The witness said that Jaehnes
oil ~
or, cases McCurey thought that the fact did
rot matter. as Jaehne could 80 surety in forty
cases. II he chose
YES" said the referee. but If ne is surety
In forty cases at Nc09 each. and is known 10 be
,.,rta only s.0) ii is the duty of the District
rraey 70 see that his boad Is not accepted
Ii. Philips then asked II any steps tad been
taken 70 prosecute person giving his name as
Alfred Burke,c- Basl:or who went surety for one
awsrd Jore s. u q thought there Is no such
l.!son. The w.taess could not say. Mr. Philips
o.cxson say that he thought 1t raiher
stran-e thu the CHIEF clerk Of an office knew so
! lie ato1; SIS workings
-. Philips then inquired as TO the custody OF
ts2 .ac cimsris. ard asked If they were not in
, dis OF the Dls;ric;-At.orney until there was
ldsni III In tho case Mr.. Cnger said that when
lie b.carle clerk he turned over several indic'-
ner,s 10 the Clerk OF General Sessions
Indictments are public record OF great iin'
argued Mr. Phillips. They should be
in the custody OF rhe Clerk OF the General Seq
slons and The Distrc;-Attorney could nave copies
made o. such he wanted
In answer TO a question Of Mr.. Sutro as 10
whether there was anything with the Clerk OF
General Sessions TO show what disposition was
made OF indictments. the witness said this couid
Be learned by going through the minutes OF the
court on the day in which the Indictment was
sBut II seems We cannot &c; information by ap-
plying for 1t at the court and me entry on vac
minutes doesn't give the detaiis OF 'ne
mo it doesn't" admitted the witness. AS
matter of fact the indictment remains In pigeon
hole In the Ds,rlct-Attorneys office until some one
there takes fancy TO take u our. ~, ,,c,ray
who said that it was not a fair question he
wished the committees counsel 10 specify SOME
Il am questioning the witness In regard to the
truth Of the general charges we nave mace re-
Mr. Cnger was then forced to admit that fire.
euently indictments were passed ron , one o,ce
ant TO another in the S ,hen r PHILIPS
took another tack and went on: There have been
i.sSuent complaints from the he Judges OF oyer anu
4 never heard Of any such cases" declared the
S,tness showas the rst signs Oh Oh Wteessstand
He said that he had seen newspaper reports 10
That effect but he had never neaTs OF Once
The witness was asked how many untried IN
demsnts there were in the office IN iSs4; % 90,
Tie list.
NOT BROUGHT TO TRIAL.
unger was asked II the indictments found last
October against ex-PoIice Captain Michael DO
Asv and ex-sergeants Hugh Clark and Fehx
Nekmna and others had been brought TO trial
he AID they had not. When asked IL he knew
nat District Attorney Fellows had been asked 70
swry the against one Louis. VINO was ihu'c.eu
70! !of forgery. he said he did not thinh the DE
,netAttorneys attention had been called 10 II. nor
oy the firm of Schloss & Co. to hurry the case.
Have you been called upon?
81 don't think So" .,
.Wwouldn't you. as a matter Of fact. know IL?
.!Nsot Necessarily -, A.
-. rave you any idea that d member or the nrin
VI Schloss Co did call you and urge you ~
". ~ the trial OF the indIctmenty
M. MI Phillips asked about the indictments against
cine Alen Scannell. who attacked the hrsman
SHroker Colonel" William Carrerre ana otheIs
During tie question Il was shown that the District
Attorney nnved tha dlsuaissal of the indictment