The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-08-30
hese charges, and all We ask is that

tKh si;s charges, and all We ask is that
1T will be found that lie accepted
| this money IN the proofs offered here.
| delay of month will hurt no enc.
Inc witnesses here are not of the sort
They are merch ham and business R men,
They will not run away, and there Is
no reasonable excuse FOR refusing TO
Mr.. Shafer read an affidavit from
capt. Stephenson. In which he said he
was thirty-nine yaers old, born In this
city, and had been a policeman seventeen
roundsman, three as Sergeant and seven
The afiidav,t pleads that the Captain
cannot go to trial without James Kelly
III Kelly tells his story and tells 1t
truthfully Stephenson Is acquitted"
crime, but it will acauit Stephenson"
Then he said lot about Stephenson's
h h,fh Sshhs nt his s. noble family. gray
loving wife and children.
Mr.. Wellman, opposing. called attention
to the fact that Kelly had Ned to Ger
many many lust as the Grand Jury indicted
Mr.. shafer objected 20 Mr.. Wellman
saying, In speaking of Kelly as a thief,
that Stephenson was his pal" He de-
than Stephenson to learn that he was
to be tried, and he denied that Kelly was
a fugitive.
Board had intended to try Stephenson
nrst Of al. and the press published that
trial was postponed till now.
gest that the learned public prosecu-
ter" had brought the blush of shame to
his face by this confession that he had
oaer to Warm ne Kelly anS sse
chance to escape.
Mr.. Wellman made no reply, except to
call Martin n. Edwards. commission
first witness.
Mr. shafer got in his famous "'bjec"
at once and demanded that the Edwards
no place OF business was named in the
specifications.
The motion was denied, and Mr.. Ed
wards testified that he was located a. at
and had been In the produce business
over thirty years. He lives In Pacific
street, Brooklyn. Then he testified as
I'm the early part OF March, 1891, a po.
lice officer came to my store. He said
the Captain used great deal Of fruit.
In the use Of the sidewalk.
I'VE sometimes had barrels three wide
on the edge, of the sidewalk. said all
right. and he went away.
He came. again the next day. bring
ing a card bearing in writing the name
Capt, John T. Stephenson and an ad-
The doughty shafer introduced an
other new idea In the conduct of this
trial. In one breath he would say. II
ruling: Of he Coimmissionerss would be
invariably against him, and entering his
exception In advance.
Once Mr.. Shafer made q sneering ref
erence to these men who do business in
Easements" which made the jolly pro,
duce men smile. for, though most Ct
them de bpsipess In The bassn,ent."
their open-handed donations Of more
lEyenins %orid.s" Free Food Fund last
Mr. Edwards said the ofiicer who
brought the Captains card was Gus
Thorne," and It was Kelly who first
on %aned N
and directed him to ship It to the
Captain house. Washington avenue.
fremont, by, American Express.
1.-THE barrel was so shipped" said Ed
account with John T. Stephenson he
said that the barrel OF apples was
shipped to Capt. John T. Stephenson,
THE value OF the barrel OF apples
was S." said the witness.
"A few days later" he continued; i
should not be punished for obstr.Sting
court In August, 1891. ! received an
station-house In Leonard street and gave
to Capt. John T. Stephenson.
81 said to him: Captain, I have received
this p pSss Of 81 Your uq ward to en-
that you were willing to accept fruit
in exchange for protecting me- He
SAID; give me the paper ,s and VIII at
have nothing to do with sidewalks. and !
viii not commit myself or lay myself
in any ones power. My ward man.
Kelly attends to all that. and VIII carry
with him.
But week or so Afterwards I got
notice that judgment by default had been
entered against me for a fine OF $40. |
he said:
to that and he hasn't done it. III have
1t attended to right away: lnasmueh
as ySu have sen! me the fruit I'll have
Mr.. Edwards related that Sept. 10. 1891.
Kelly visited bis store and said to HIM i.
rest ar Of thss Stun fAs ali Ta az once and as
SThen ! shipped four baskets Of
peaches tndt uay tne ADDRESS OF tne
Captain, and here Is the receipt for the
express packages, signed at Capt. Steph-
enson's house." said Mr.. Edwards.
I'm November Mr.. Kelly came to the
store and said the Captain must have
money: that the Captain must have $50
from me. i told him that II was hard
times business was poor, and / couldn't
pay so much. II he would accept SIS ]
would gladly give Il.
"Mr. Kelly said that mine was a
corner store. and that corner stores
had to pay more. He went away, and
came again IN few days. At his re,
quest put S25 In an envelope, sealed
II up and, addressing II Capt John 7.
Stephenson gave II TO Kelly.
threw the envelope. still sealed. on my
It, He says $50 or nothing. You needn't
pay a cent II you don't want to-
fThen ! took $3s, put Il in an enve-
lope with a, memorandum Of the ss
barrel OF apples and the three boxes OF
peaches, worth IS, That made up $50
I sealed 1t and sent 1t by Kelly to the
Captain.
Afterwards Mr.. Kelly came to my
store. He said. with a smile: 80 you
tok out the price OF the fruit But IFS
ali right. The Captain Is satisfied"
Then he told me 20 go to the court. tell
haA har