The evening world., 1894-08-30

this money in the proofs offered here.
"A delay of a month will hurt no enc.
The witnesses here are not OF the sort
arrayed against the other captains.
They are merchants and business men.
no reasonable excuse for refusing to
postpone this trial.
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 policeman seventeen
years-four years as patrolman. three as
roundsman, three as Sergeant and seven
The affidavit pleads that the Captain
cannot go to trial without James Kelly
III Kelly tells his story and tells it
truthfully, Stephenson is acquitted"
shouted Shafer ut may be that kelly's
story may show that he was guilty. of
crime, but it will acauit stephenson"
high character, his noble family, gray
haired but proud old father and mother,
loving wife and children.
to the fact that Kelly had fled to Ger.
many Just as the Grand Jury indicted
him. The motion was denied.
Mr.. shafer objected to Mr.. Wellman,s
that Stephenson was This pal" He de;
clared that no one was more surprised
than Stephenson to learn that he was
to be tried, and he denied that Kelly was
TO this Mr.. wellman replied that the
Board had intended to try Stephenson
first Of all, and the press published that
trial was postponed til now.
This gave Mr.. Shafer chance to sug-
gest that, the learned public prosecu-
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
chance to escape.
40 70
call Martin N. Edwards, commission
merchant at 1893 Duane street. as the
first witness.
Mr.. Shafer got in his famous "objec"
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.
and had been In the produce business
street, Brooklyn. Then he testified as
follows:
I'm the early part of March, 1891, po-
lice officer came to my store. He said
and II we had no objection he would ac-
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. l said all
right and he went away.
He came again the next day, bring
Ing q cara bearing IN WTltlnB the name
Capt. John T. Stephenson, and an adj
dress
The doughty Shafer introduced an
other new idea in the conduct Of this
object; exception" assuming that the
rulings of the Commissioners would be
invariably against him, and entering his
exception in advance.
erence to these men who do business In
Easements" which made the jolly pro-
duce men smile. for, though most Of
they make. money hand over hrst," as
their open-handed donations of more
than $780, 900 worth of provisions to The
EWy inasn s,n WeTlas Free Food Fund last
Mr.. Edwards said the officers who
brought the Captains cane was Gus
and and non. K ssG tS Who cs Art
Stephenson wanted a barrel Of apples,
Captains house. Washington avenue.
T'sRsns ar as Sc said Ed
account With John 7. Stephenson, he
ssS h It es sp saG 9ehn sPess
207i Washington avenue. fremont"
1.-THE value of the barrel of apples
was S." said the witness.
received an order to show cause why I
should not be punished for obstructing
the sidewalk. ! paid fine Of 80 In
S9Sr Fl This A ose casged to
station-house In Leonard street and gave
it to Capt. John T. Stephenson.
~ said to him: Captain. have received
the promise Of one OF your ward men
that you were willing to accept fruit
in exchange for protecting me- He
s sed to Gye of sne Then d he sad
have nothing to do with sidewalks. and !
will not commit myself nor lay myself
In any ones power; My Ward Man
out any arrangement you may make
with him.
"But a week or so afterwards I got a
notice that Judgment by def anI had a. been
took that notice to Capt. Stevenson, and
"'DNn it! I told somebody to attend
1t attended to right away: 1nasmueh
as you have sent me the fruit I'll have
1t looked AFTER"
Mr.. Edwards related that Sept. Is, 1891,
Kelly visited his store and said to nm;
soon as you can send It,"
Then shipped four baskets Of
Captain. and here is the receipt for the
express packages signed at Capt. Stephe'
enson's house. said Mr.: l;Ii - ~,
IN NDONtUlDcT reliy " tHe
store and said the Captain must have
money; that the Captain must have So
from me. l told him that It was hard
times. business was poor. and I couldn'!
pay SO much. II he would accept SO
would gladly give It.
mir. Kelly said that mine was q
corner store. and that corner stores
had to pay more. He went away, and
quest l put s25 in an envelope. sealed
| II up and. addressing it'Capt. John T
Stephenson gave 1t to Kelly
After hal fan hour he returned
threw the envelope, still sealed. on my
| desk and said: The Captain won't have
it. He says $50 or nothing. You, needn't
pay a cent II you don't want to-
"Then took $3S, put 1t in an ,envee,
lope with a memorandum OF the $
barrel OF apples and the three boxes Of
peaches, worth So, That made UP $50
| I sealed II and sent 1t by Kelly TO the
Captain.
| store. He said. with a smile: so yol
took out the price of the fruit. But is
all right; The captain Is satisfied
the Judge that he had had few bar,
| rels on the walk for few minutes ant
| EaIly had reported IL but that the bar.