The evening world., 1894-08-30

-
The witnesses here are not OF the scr
/ They are merchants and business men
| They Will not run away, and there 4
no reasonable excuse for refusing I,
postpone this trial.
| Mr.. Shafer read an affidavit from
| Capt. Stephenson, in which he said h,
| was thirty-nine yaers old, born In thi,
city. and had been policeman seyenteei
years-four years as patrolman. three a;
roundsman, three as Sergeant and sever
| as Captain.
The affidavit pleads that the Captain
cannot go to trial without James Kelly
III Kelly tells his story and tells +
sfn1thfglly sephsnson is Is SSs91it.Hd
crime, but II will acquit Stephenson"
Then he said a lot about Stephenson
high character, his noble family, gray
haired but proud old father and mother
loving wife and children.
Mr.. We.lman, opposing caliei attention
to the fact that Kelly had fed to Ger:
many ny 1gst as the Grand 1dn Jury inflicted
Mr.. Shafer objected 10 MIR. Wellman
| saying in speaking OF Kelly as a thief
that Stephenson was Ibis pal" He de.
than Stephenson to learn that he wa,
to be tried and he denied that Kelly was
TO this Mr.. wellman replied that III.
first Of all. and the press published that
fact Then Kelly disappeared and the
trial was postponed TIL now.
ibis gave Mr.. Shafer chance to sug-
ter" had brought the. blush OF shame to
his face by this confession that he had
published that he would try Stephenson
in order to warn Kelly and give him Il
Mr.. ,Wellman made 10 reply. except to
call Martin n Edwards. commission
merchant at 1893 Duane street. az the
first witness
Mr.. Shafer got In his famous "'bjec"
at once and demanded that the Edwards
charge be dismissed, on the ground that
no place OF business was named In the
specifications.
The motion was denied, and Mr. Ed
wards testified that he was located at
Greenwich and Duane streets In 1891,
over thirty years. He lives in Pacific
street. Brooklyn Then he testified as
follows:
I'm the early part Of March, 1891, a po-
the Captain used great deal OF fruit.
and II we hnd no objection he would &C
cept some fruit for the protection OF us
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 card bearing in writing the name
dress."
The doughty shafer introduced an
other new idea In the conduct OF this
trial In one breath he would say, II
object: exception" assuming that the
rulings of the Commissioners would be
invariably against him, and entering his
exception In advance.
Once Mr.. Shafer made a sneering ref
erence to these men who do business In
easements" which made the jolly pro-
duce men smile, for, though most OF
them do business In tho ha -
they make money hand over fist as
their open anded donations of more
than 500. 900 worth Of provisions to 1.-The
Winter indicated.
Mr.. Edwards sal id the officer who
brought. the Captains card was Gus
Th13I sI ~ s End IT Twas was Kelly who first
Stephenson wanted barrel OF apples.
and directed him to ship 1t to the
Captains house, Washington avenue,
The barrel was so shipped" said Ed
account with John T. Stephenson he
s said that he barrel ohr Of apples was
THE value OF the barrel OF apples
was Sc" said the witness.
"A few days later he continued. 81
received an order to show cause why
should not be punished for obstructlng
court, L. August, 1891. I received an
In Leonard street and gave
to Capt. John T. Stephenson
~ said to him: Captain. | have received
this notice. have sent fruit to you on
that YOU We're willing to accept fruit
in exchange for protecting me- He
said GIVE me the paper and ! Will at;
have nothing nc ,Sr you DO with AZ sam and
will not commit myself or lay myself
IN any ones power. My ward man.
Kelly attends to all that. and ! will carry
with him
But week or so afterwards I got a
notice that Judgment by default had been
entered against me for fine OF So
he said
",D-n 1t! ] told somebody to attend
10 that and he hasn't done It. I'll have
1t attended to right away. Inasmuch
as you have sent me the fruit I'll have
II looked after"
MIR. Edwards related that Sept. Is. 1891,
"Mr. Edwards. tho Captain wants, the
soon as you can send It,"
Then ! SHIPPED four baskets of
Captain. and here Is the receipt for the
express packages signed at capt Steph-
ensGn's house." said Mr.: Edwards.
store and said the Captain must have
money: that the Captain must have $50
from me. told him that II was hard
times, business was poor. and | couldn't
pay so much. II he would accept SIS /
would gladly give It,
mir. Kelly said that mine was Il
corner store. and that corner stores
had TO pay more. He went away. and
came again In a few days. At his re-
quest ! put s25 In an envelope, sealed
II up and. addressing It Capt. John T.
Stephenson gave II to Kelly.
After half an hour he returned
threw thu envelope, still sealed, on my
It, He says $50 or nothing. You needn't
pay cent " YOU don't want to-
Then 7 took s3s put II in an enye-
lop" with memors ndum OF the IS
barrel OF apples and the three boxes Of
peaches. worth 81, That made up $50
sealed II and sent it by Kelly TO the
Captain.
Afterwards Mr.. Kelly came to my
store He said. with smile so you
tok out the price OF the fruit. But IT'S
all right The Captain is satisfied
Then he told me to gu to the court, tell
the Judge tn | had had few bar
rels on the walk for few minutes and
Kelly had reported II. but that the bar
rels were now removed. ! did so, and
the judge dismissed the charge against
me-"
Mir. Shafer. in cross.examination,
and IL he did not know that he commit
ted bribery Of a public officer, state
prison offense.
"Humph; | paid this Captain because
ne demanded II, just as | would give up
10 a highWayman who nut "A revolver al