New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-29
HALE'S WOFUL FAILURE.
HIS CHARGES AGAINST DIVER NOT
PROVEN
THE JUSTICE COMES OUT OF THE CASE WITH
PLYING COLoRS- -TEKCLSKY DENIES THAT
HE AND DlVVER HAD a FIGHT.

FLYING CoIoRs- -TEKULsKY DENIES THAT
HE AND DIVER HAD FIGHT
The weeks delay asked for by DlstrictAtsorney
Fellows to give him time to examine the case pre-
pared by William II. Hale against Police justice
Patrick Diver having expired. Chief Justice Day
and Judges Bischof. Pryor, Gegerch ana BOOK
staver yesterday at p, took their seats on the
bench. in the General Term room of the Court Oh
Common Pleas and announced that they were
ready 10 proceed with the case. a new lawyer APP
neared In the case in person of Edward W.
Soaring. who has beer Invited by Coionei f''o"s
TO assist In the prosecution
The proceedings began by Hale asking that Nor
r,s Tekulsky be called. There was no answer
Edward Maher the first witness called by the
district Attorney. He said he had lived in the Id
Assembly District prior to the elections or 1873 lie
said he heard Diver tell the captains or the district
that the one who got the largest vote In MS pre-
cinct would get a $500 place; the second prize FOR
rext largest vote to be gold watch ana chaln'
and third prize banner Ihat was III November
1898
Ex-surrogate Rollins then examined the witness
and drew out the fact that he had had trouble with
Diver. o,
.eyou don't feel very kindly toward him, 90 you
..I don,t feel I'll toward him." replied Maher.
Whom cross-examined to the offers OF prizes
Maher was not shaken in his testimony in direct
examination ,, \.
when Diver is said to have MADE inc oler Vi
,r,yes He said he captain In the ia DIS
,rict in Novembe.. 1898. He did admit attending a
meeting Of captains the Friday or saturday before
the election that year He said DVVer pres'eu
and urged the captains TO work hard TO keep up
49,, onr,.t4on Of the district. but denied that he
orsrea anv prizes or banners. He said that IN INV
hammer was given the organization by Iammahy
Hall -,~, -
watch?'
NO sir
Morris Tekulsky at last appeared in the witness
chair He said he met Diver on octoneT Il last IL
his saloon in Park Row. He said when ne anu
Diver were there both OF MS pai'e"''i' W ."
the place about $50 p m
..rrm ,ha Court what took place between you and
DIVER 49, C,,-.,
business All that took place between us was PR
vate matters o.
"Xn,,ine Of the kind ever took place.
..Dia bows pass or a fight take place between
YOU .,r, ,.oo-s
Never We have had dispute Tor TWO years
about a private matter. ->,.. =,
lone OF the witnesses SAID you puS"eD D'''
that uue?" o,,,d
81 may have pushed him little. just as would
YOU or any with whom was a avd bv 5Sc1
1hSesn and didn't and had little srsumen Ss
He said that a number oil persons came '' ~
went Out 0l by Mr. Rollins Tekusky said he
s snem 4 Tamman ANU Hail H. ,s o,oc.
ton or 1855 when Diver is said to nave o'ie'e'
Prizes.
Il pi d1d h. ever offer prizes?" asked Mr. Rollins
hs had Geard the testimony OF Mahsr and
sEors h atie1 D tGs co oSa Fellows
done all in my power T d saiS ana GaS examined
had In ssse of the witness Mah he refused to
talk to me- and had him subpoenaea ne hsrv certain
n.% !. Psssd that to they
alleged % ;he ador of that paper for
the Wsness and the editor Wrote 1% s TO a m
failed HeoD 70 Fellows suggested that Mr. Hale might
hsd additional charges make He read r2nf
and On then he about Iss cn @oSemss @
noce court for the First Judicial District while SIT
inY e AZ of one Antonio c. Astareta. member OF
the bar aSa4 sf Sn one %s9 Nth
ing at the polls FLA a. and o %ckedy refused to
tain the complaint. .-,o ,o,rg on
Mr. Rollins objected to the new Wh the ether
judges Chief Judge DAILY said We are as ISeT
must be made in a new proceeding with due notice
TO the defendant In respect 70 the SKIS
PENDANT. has any testimony to offer he should 10
The defence then called Robert pore pore Timothy 3s1
r.
fed that they present when DIVER l. Ia t s
by Maher nave offered the prizes ne HIst VI
swore that they did not see Maher thefe, anu a.
swore that Justice Diver had not ohered any
prizes rewards. ~ 49,
After this Mr.. Rollins moved 10 dismiss an tne
charges short recess TO consider me notloi ~
dismiss was taken after Hale had delivered iohg
harangue. The Court retired at $40 ana feina'Ne'
out until 6:0l. ,. 80
Chief Judge DAILY then read the first charge anu
said I'VE find that instead OF DIVERS haFme
only served ffty-six days. ne served 100 days an
that his FRONT the State during the H",s
~ his son did not lnjure public business we
therefore find that the first charge mas not pee"
All the Judges replied mot guilty" except Judge
PRYOR who voted Not proven. .
The second charge. as TO an a1eged assauii our In
n,itted by the defendant; and the third chait
Concerning the prizes offered by Diver, were aS 80
disoosed of .avorably to the Justice. Judge, Daly
then took up the fourth charge. which alleged that
Divver had been connected with the 'greengoods
game" This charge we have already dlsinlsse o.
Said the Chief Judge, and proceeded 10 the ~ u,
and last charge which was made after the orlglnai
ones and accused Justice Diver OF having n
Suced one Charles Harris to vote In seventeen dli-
Serent districts After saying that there was no
again told Clerk Wagstaff TO call the roll, JUICES
PRYOR and DAILY voted Not proven, ana 1uuseS
1.isocr,ch Rookstaver and Bischof Not guilty,
The Chief Judge then announced that ihe nlO'.p
20 dismiss all the charges was granted ana w
S 70 ad;ourned Justice Diver then became me
n1 az attraction and kept busy for nearly
half an hour receiving CONGRATULATIONS.
FRANCHISE FOR THAT FIRE ALARM CONCERN
The Board OF Electrical Control held their hna