New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-05-25
SEEKING TO DODGE A TRIAL.
WILLIS AND PHILIPS HAVE DEMURRERS
FILED AGAINST THEIR INDICTMENT
CASES IN THE BROOKLYN CITY WORKS DEPART
ME.ST SCANDAL MUST WAIT FOR DE-
c1sIoN on THE POINTS RAIsEp-r1Er.p-
rNG,S COUNSEL. WILL. ApPEA1

TNGS COUNSEL WILL APPEAL
Counsel for Theodore Il. Wills ex-City Works
Commissioner OF Brooklyn. and William Z. Philips
who was removed by Mayor Van Wyck from his
oace Police Commissioner. yesterday afternoon
fled IN the Supreme Court dcmurrcrs to the ndict-
m.nt charging them Jointly with conspiracy. The
demurrer is based on three gTounds-hrst. that the
Indictment does not conform 10 the provisions OF
Sections 275 and o76 OF the Code o. Criminal Pro-
oedure. IN that II does not contain plain and con-
else statement OF the acts charged which consti-
tuts the crime. without unnecessary repetition:
second. that more than crime is charged IN the
Indictment. and third. that the facts alleged are
not sufficient 10 constitute crime These are the
usual and formal grounds which raised by de-
murrers in such cases
This action Of the defence prevents the possibility
Of placing Willis and Philips trial the first
Monday in June. as District-Attorney Marean had
intended. Their trial on the charge OF conspiracy
must await the decision TO the validity Of the
demurrer. Willis and Philips some time ago moved
10 dismiss the indictment against them. on the
ground that improper evidence had been received
before the Grand Jury and that the defendant
Willis was compelled TO give testimony practically
against himself. The motion was argued at great
length before Justice Van Wyck. and some days
ago denied by that Justice. The order on the de-
cision was entered by Dstrct-Attorney Marean
only yesterday. because Mr.. Marean has been en-
gagged in the trial Of Robert W. Fielding. Upon
10 plead TO the Indictment or demur They filed the
demurrer noticing II for argument on June l.
AS Justice johnson declined TO hear the motion to
dismiss the Indictment in the Hepburn and Winant
case because Of his associations with Colonel A r.
Lamb one Of the counsel for the defendants. and
as Colonel Lamb is one Of the lawyers for Philips
and Willis It Is entirely unlikely that be Will be
willing 70 hear the although he will be prcsio-
ing at Special Term on june l. where the motion
would naturally come on for argument Distr1c'-
Attorney Marean consented that the HEPBURN ana
Winant case should be sent for argument peiore
another Justice by Justice Johnson. and Justice
p!ckey was assigned TO hear II. This time MI
Marean will not consent TO such proceeding pu'
will have the motion adjourned until justice VINO
can hear II comes regularly on the bench at Special
Term This will be June g. the first Monoay IN
the month. when Justice Maddox Will hold Special
Term
Mr. Marsan said yesterday afternoon that he had
prepared the conspiracy charge for trial. and that
he intended TO try that case before he tried any
other Therefore. he would urge speedy decision
on the demurrer, for unless the case could be
brought 10 trial by the middle Of June II would be
interrupted by the summer vacation ana woulo
have TO go until fall. He said that tho case
against Winant and Hepburn is in such eondi-
zion that II might be tried. but he would not Try IL
because a conviction Of Hepburn might have some
effect In prejudcing the other defendants
The Indictment against Willis and Philips charges
that they conspired TO give contracts 20 certain
persons, OF whom paid money 10 fHhips' oAo
OF the allegations IS in respect 10 the Workman
ava sewer contract, which Wills awarded 10
Daniel F. Doody. 1t is alleged that Daniel DOGGY.
the father of Daniel F. Doody. paid Philips NZo 10
get this contract for him. 1t Is alleged also 'ha'
the contract for repaving New-Ctrecht-ave was
r,ven 30 Daniel F. Doody by Willis as the result OF
a corrupt deal with the contractor. The main
cbarg, IN the Indictment which tho District
Attorney will rely however. is that the contract
for renaying Kent-ave was given TO Thomas Mon
aban only after Monahan paid 81 800 70 PhiIpe'
He hid on the work. and his bid was Lne lo"ys
f.ing 50 no less than Monehans bid OF S2s 900 me
reDaving was 10 be done IN front OF the sugar re-
Anertes in Kent-ave. and the properly owners han
70 nav half the cost They objected 10 DOGGY 80
strongly that Mr.. Wills was finally compared 20
give The contract Monahan, but II ~ aliegen .ha'
she work was held UP from July rs 10 august o.
until Wonahan had paid 81 800 20 Philips o,.w
T-barjes I Patterson, counsel FOR ex-Deputy Ivy
works Commissioner Fielding, who was conVlctea
nv Monday night. said yesterday tnat as soon az
Yielding is sentenced on THURSDAY morning ne ~,
ennly for a certificate Of reasonable COUP PehaiIs
sppneai This certificate will act as a stay peolnb
~ anneai and will entite the defendant 70 De az
mtted 10 bail Mr. Patterson SAID ne wouIo sppeI h
On three grounds-frst that tho evlcehcs w. am
second that the indictment was not sqIhcisnb 70
Md FI.ding and third. that Justice Hirschoess
erred In admitting evidence as 70 mo euuIt " ne ~,
TinkIe hin and the payment OF II supse9ueh 10 to
eel OF certncation charged against fleioihs III '
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