New-York tribune., 1896-07-24
THE TRIAL BADLY MUDDLED.

EXCEPTIONS TO RECORDER GOFF"S RUL
INGs IN THE GILMORE CASE.
The trial Of David NJ Gilmore alias Daniel NJ
Golden before Recorder Gon In Part /, General
Sessions became considerably muddled Gilmore
Is charged with stealing OF cigarettes valued
at $50 from car Of the West Shore Railroad at
Weehawken. N. j.. on February I. and, bringing
them to this city. sold them.
The prosecution closed yesterday. Mr. Nc
Laughlin for the defence called City Magistrate
Crane to testify to alleged confession made
by the defendant The Recorder refused to let
Magistrate Crane testify The defence then closed
without producing any witnesses. and Mr.. Nc
Laughn began to sum up when court adjourned.
Juror No. r. George w. Palmer. kept the court
waiting ha.f an hour yesterday When tho trial
finally started Assistant DistrictAttorney Osborne
called City Magistrate Crane TO the witness stand
and said he would consent TO let him testify.
Counsel for the defence said that was queer
way OF conducting a trial. that after both sides
had closed witnesses should be called He objected
to such procedure. Recorder Goff told the counsel
not to be foolish. but to 60 ahead and ask ques-
tions. The lawyer took an exception to the Re-
corder's ruling.
The Recorder then directed Mr.. Mclaughlin to
ask the witnsss about that alleged confession.
II object to Your Honor ordering or directing me
to ask q question" exclaimed counsel for the de-
fence.
Are you going to put that question to this wit
ness?' demanded the Recorder considerably irr-
tated.
II don't think am called upon TO tell the Court
what questions 1 am going to ask" replied the
lawyer
The Recorder then waved his hand toward Magis-
trate Crane who stepped down from the witness
chair. Counsel for the defence took number of
exceptions 70 the Recorders rulings and the re-
called Detective Boyle who arrested Gilmore and
who testified Wednesday.
Boyle asked II anything said In the
police court about confession OF guilt by Gilmore
when he discharged by Magistrate Crane.
Yes" said the witness. Gilmore said to me-
4 knew the thing crooked. but you can't blame
a man for making dollar I told this to Magis-
again called Counsel for the defence asked him
a number OF questions about the alleged confess
sion. but the Recorder would not allow the witness
Put the question yourself" exclaimed Mr. Nc
Laughlin. III your Honor doesn't like the way put
The Recorder declined. There was another
wrangle. and Magistrate Crane said somewhat
hotly: II don't care TO testify unless am allowed
to speak in my own way" This was finally allowed
and the witness said:
~ received. a communication from Captain
Ing that had discharged self-confessed thief.
called up Detective Boyle; and he denied to me
that Gilmore had confessed"
The magistrate stepped down and Captain
OBrien. head of the Detective Bureau took the
stand. and testified that Gilmore confessed TO him
at Police Headquarters after the captain had
promised him immunity The witness instructed
Detective Boyle TO inform Magistrate Crane about
the confession.
The witness said he did not make any formal
charges against Magistrate Crane. nor did he know
whether or not President Roosevelt wrote to Mayor
Strong asking to have the magistrate removed.
Both sides then closed the case and Mr.. Nc
Laughlin began to sum again.
Recorder Goff, IN charging the jury. said the
prosecution had shown strong evidence that the
accused had committed the crime and that that
evidence had not been contradicted. He declined
to charge that the law declared that II a de-
fendant did not take the stand in his own behalf
that fact did not operate against him.
After being out hour the jury brought In a
verdict Of guilty. Mr. Mclaughlin asked until
Tuesday 10 prepare n motion for a new trial The
Recorder gave him until Monday.
MR.. ROOSEVELT DENIES 1T.
Commissioner Roosevelt yesterday emphatcally
denied that he a letter to Mayor
Strong requesting him to oust Magistrate Crane
Mr.. Mclaughlin. at the trial Of David NJ. Gilmore
in the Court OF General Sessions Wednesday, gave
the impression that Mr. Roosevelt had sent such
letter that 1t was OF value TO the defence. and
that he might call Mayor Strong witness.
Mr.. Mclaughlin. when told of Mr. Roosevelt's
denial. said that Magistrate Crane had copy Of
the letter