The evening times., 1895-10-29
Effort OF the Defendants Counsel to
Secure a POstpOnement Was De-
feated-WitnessC Cooper's Tardiness
May Later Cause His Arraignment
for Contempt of Court.

SitnlZltlOn SdlQ TO carry on negotiations
with Immigrant italian laborers In violation
of the alien contract laws, and OF living
''in a garrett, on Connecticut avenue.
The well-knowp, picturesque defendant
sat beside his counsel, Col. Cook and j.
B. O'Nen. He was clad in q black frock
coat that buttoned at the top over an ipi-
maculately white shirt, with bow tie and
collar to match. A pair of light trousers
and polished shoes completed the attire.
His active bright gray eyes took in every
thing before him. and his restless nature
exhibited itself in the manner in which
he grasped the back of his counsefs chair,
twitc.hed with the other hand his snow
cally as the opening statement was being
made for the government by District At
torney A. A. Birney.
ASKED FOR PosTPoNEMENT.
As soon as court convened Col Cook
asked for a postponement of the case.
Neither my associate nor my client have
had opportunity to see the indictment
and are not ready for trial." said Col.
Cook. THE paper has been in the dis
trict attorneys office, and why it should
be permitted TO be locked up there 1 don't
know. At least copy should have been
left in the clerks office, where we might
see it, but we asked the clerk and he
referred us to Mr.. Birneys' office"
II object to a postponenient- your honor"
said Mr. Birney. q We have two Wit
nesses here from New York, and the case
should go On to-day. l only took the
Indictment from the clerk one day last
week. The defense has had since the
11th day Of last July to see it. There
has been no application to ME for the
indictment since 1t has been in my i'm
mediate possession"
well, we were under no obligation to
apply to him; we tried through the proper
source, the clerks office" returned Col.
Cooke. Il have been in the case only a
few days." he added.
II can see no reason for delay" said
Judge Cole. 1T is customary for law
yers to apply to the prosecuting attorney
for an indictment il he has it,
The court ordered the case to proceed,
but the government was not ready for a
few minutes at least. Its first witness
was not on hand and deputy was sent
for him. The deputy had scarcely left the
court house when the witness entered the
court room. He was James E. Cooper.
coloret, publisher of the Colored American.
KEPT THE COURT WAITING.
why were you not here sooner" sternly
demanded Judge Cole. "You have kept
the ocurt waiting half an hour"
Mr.. Cooper was completely devoid of
breath.
My watch was slow" he gasped.
"what?" asked the court.
My watch was wrong, and / did not
discover the discrepancy until too late"
continued the witness as be created a vac
uum IN the air space Immediately in front
OF him.
Il ought to fine you; it was evidently
carelessness," answered the court. Il Will
hold the matter in reserve unit! the close of
the trial"
One of the regular panels OF the Jury
was drawn and Moreno's counsel sat look
ing listlessly on. The members of the re-
manning panel were excused until 1
O'Clock After they had retired from the
courtroom Col. Cook inquired:
Your honor, do we have no challenge?
l supposed we would be given an oppor-
tunity to object to any member of the jury
The right is not reserved. as in some
other criminal cases." Judge Cole replied.
' Both You and your associate sat there and
looked on and said nothing. The case
may proceed"
SUMMONS FOR THE BARON.
We'll. we ask that II subpoena be issued
this Javier Fava, the reported
representative of Italy, mentioned in the
alleged indictment. He is not here, and We
want him."
The clerk issued the summons under in
struction from the judge.
Mr.. Cooper had by tuls time regained q
portion of his breath, and was
called to the stand as the other witnesses
were excused from the room. He testified
to the receipt of the manuscript for the
article in question from Moreno. Part of
it was In print. taken. he understood. from
the published proceedings of Congress.
WitpoSo NpuId ~ ha riori
nal manuscript separately from the print
The article was one OF many be had re-
ceived from the defendant.
Mr.. Birney placed Detective Mattinsly |
on the stand as the second witness. Mo |
reno had told him that he wrote the article |
in question. the witness testified.
II ask now TO offer the article itself as |
evidence" said Mr.. Birney.
Col. Cook objected, saying it would be |
better to have the Ambassador himself |
present. Judge Cole sustained the Dis |
trict attorney, and Mr.. Birney read the |
the paper to the jurors. Mr.. Birney also |
asked TO read in evidence correspondence |
that had occurred between Baron Fava and |
Secretaries Gresham and Carlisle about |
July, 1894, and was permitted to do so,
under an objection from Moreno's counsel. |
The correspondence tended to show that |
Baron Fava was vehemently opposed to the |
padroni system, with which Moreno had ac- |
,used him of being identified.
sENOR ORDINI'S TESTIMONY.
Senor Alexander Ordini, immigration |
agent at Ellis Island, N. Y. was placed |
On the stand. Senor Ordini Is a tan, hand |
'ome man, with distinctively, foreign feat |
Tres and accent. He came to this country |
eight years ago, and is a naturalized citizen |
)f the United States.
He was asked to explain the meaning of |
he padroni system, which he did at length. |
The jury and counsel evidently la bored I'M
Ter considerable disadvantage In being I'M
lble to thoroughly understand the witness |
because of his foreign accent.
The term "padroni." explained the wit
ness, meant a master. boss or spoliator. |
Baron Fava is termed in the article don |
Bassilio Fava." The witness explained that |
The term Don Bassilio comes from two op-
sras, "Bar Der of Saville" and "Le Marriage |
lie Figaro" In each Don Bassilio appears
Is a wicked and hypocritical man.
With the retirement of the witness from |
he stand the Government announced that |
ts side OF the case was concluded.
Col. Cook made q short statement for the |
to the jury and a@ecess was ken
Until O'Clock.
The jury returned a verdict of guilty at |
2:25 p. m.. after being out only eight min
ties. Col Cook gave notice of motion |
FOR q ne " trial.
Bail was raised from 81 900 to $4,000. |
and Moreno was held in custody while his |