New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-26
TESTIMONY MADE PUBLIC.
REVELATIONS REGARDING THE BROOK
LYN BRIBERY CASE.
NOTIONS TO DISMISS INDICTMENTS AGAINST
POLICE COMMISSIONER PHILIPS AND T. b.
w,,,,s Apc,rrp-rIGHT THROWN ON

POLICE COMMISSIONER PHILIPS AND l. D.
WILLIS ARGrEp-rIGHT THROWN ON
FEATURES OF THE SCANDAL
The public yesterday got at some OF 'i'e 'e'''
mony which was introduced 10 the Ma'O" VII
Jury and which resulted in the innlc''ic' VI
nine former officials, including city NorhS WIZ,
missioner Theodore +. Wills ana "H''aii, "
Philips. at present a Police Commissioners Il.
testimony taken before the Grand jury "hu
heon guarded carefully trict-Attorney
Marean. 1t may be remembered WIS 80
70 avoid its getting 10 the public that he Cd
iected to permitting the lawyers FOR the ueio"''
to have copies Of the testimony Finally they re-
ceived copies on their promise 70 keep ''0"
under lock and key Yesterday. however. much
Of the evidence was read In the supreme Nou''
before Justice Van Wyck. The occasion for
this was the argument on motions 10 DISMISS
the indictments against Messrs. Willis ana rhil-
ms on various grounds The arguments were
made by Benjamin F. Tracy, Albert f. Lamp
and De Iancey Nicoll. District Attorney Marean
made the argument for the prosecution
The morning and the early part OF the after-
noon were occupied with a motion to dismiss
the indictments for perjury against WlIs' ana
the latter part Of the afternoon was spent OF
q motion to dismiss the Joint conspiracy charge
against Willis and Philips. Justice Van Nyck
was on the bench.
Perhaps the most startling information that
was brought out in the reading or the 'csu-
mony was Doody's confession tina, Wills was
the man who suggested TO HIM that he ought
to see Philips II he wanted 10 get contracts with
the city Works Department. and that Wits
even went so far as to give Doody Phllipss home
address and the hour at which he could find him
at home
Another disclosure was that Thomas Mona
han before getting the Kent-ave. contract. had
10 give Phillips 81 800 for the campaign fund
and to divide $1,000 among contractors who put
in bids that are alleged to have been colluslVe
The bribery Indictment against Willis. II may
be remembered. was based on the allegation
that he granted to Doody contract for aVlng
Wortman-ave. at an excessive prise. ana 'hat as
payment Doody gave Willis two notes to cover
an old disputed account with the firm OF l. IS
Willis q Brother
In the afternoon session Distr!ct-Attorney
Marean replied 10 the arguments MADE IN inc
morning by De Lancey Nicor Referring to the
rule of evidence which requires the testimony OF
an accomplce in a crime TO he corroborated. the
District Attorney denied that Doody had been
Wiliss accomplice. Giving and receiving
crimes and therefore Doody could not have
been an accomplice In receiving the brides
The District-Attorney fought hard for this
point and gave precedents.
General Tracy opposed the argument OF the
D,strictAttornev He said IT not denied
that illegal evidence had been admitted to the
Grand Jurv room and that the burden ~ proof
Of showing that this improper evidence could
NOT have Influenced the Grand Jury rested on
tho prosecution.
De Lancov Nicoll opened the argument on IN"
conspiracy indictments. He hrst moved 70 as
miss on the ground that tn statute ~ limiia-
tions served as a bar 10 criminal proceedings.
Mr. Nicon quoted decision 4 Judge Fursman'
in which he dismissed the Indictment because OF
the statute # limitations. Mr.. Mare an asked
whether. in that case the crime was continu-
ing one. as waa conspiracy. "oh. that makes
no difference" replied Mr.. Nicoll
Then he made a second motion 10 dismiss. on
tho ground that willis was compelled 70 he
witness against himself before the Grand Jury.
lie read an AFFIDAVIT from Wills I'm which he
so,s that he received 4 subpoena TO attend "A
session Of the Grand Jury. He sworc that HE
snncarance there was in no aense voluntary, and
while there he was not Informed that there was
any charge against him. nor -dvsed Of his right
did there testify. and in proof ~ It Mr. Nicoh
waved the Indictment and pointed TO the name
% Mr. Wills in the list OF Witnesses
AT w1L1Lss own REQUEST.
The prosecution presented an affidavit by Mr.
Narenn that Albert =. Lamb. attorney FOR VIII
lis called on Mr. Marcan I'm February. ana
asked that I'm case the Grand Jury should NJ
any time enter upon an examination or IN"
charges then published in the newspapers h''
Wills should have chance 10 t'stiiy. MI
Narean promised. and subpoena was result
~ that promise. Mr.. Mar"an added that Wills
gave no testimony tending 10 lncrlnihate MIN
self. $500.
An affidavit from Albert +. Lamb was sub
United In which he said that In asking Tor per
mission for Mr. Wills I" go before me 'raud
Jury ne wanted such permission only lor IN"
air. contracts As n matter Of fact Wills waS
also questioned about the Newt irecht PAVING
contract on which the alleged bribery is Das'd'
and also the Fort Hamilton ave. paving con
tract which was awarded TO Doody, under IN"
name Of Charles Cousins on Jun" - IN:', inns
Is also a contract on which the alleged brlDery
Is based and when Wills was asked about
that he said. Il think may nave h'"'' S'''
Vr Nicoll said that Judge Van Rrunt had re-
fused to discharge defendant on ,hr Sr1 1lI,.
that he had appeared before the Grand Jury;
bnt that several years later he had reversed
himself on this point. ana dismissed tie IN
dictments against men who had testified IN the
Grand jury room
DOODY TALKED AS HE PLEASED.
For a third cause Mr. Ni-oll moved 10 dismiss
the indictment on the ground that evidence had
boen admitted that was illegal. evidence that
tended 10 prejudice and anger the Grand Jury.
ard which created an atmosphere which could
result in nothing but indictment. lie quoted
at length from the minutes Of the Grand jury
He took UP the testimony of Daniel F. poody.
ir. at a point where the latter was asked about
the goods that had been sold to his father by T.
u. Wills e. Bro. When asked whether his
father had paid this firm commission on goods
bought the young man had replied:
mo: whatever price father was charged he
paid no matter how high"
Young Doody estimated that his father had