New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-27
FIERCE LEGAL BATTLE.
CLOSE OF ARGUMENT IN THE PHILIPS
AND WILLIS CASES
STRENUOUS EFFORTS TO HAVE TIE INDICTMENTS
AGAINST THEM DISMISSED NUMBERS Al
Legged TO HAVE BEEN USED IN
srEADOr NAMES BY MEN PROM
rNENT IN THE BROOK

srEADOr NAMES BY MEN PROM
1NENr IN THE BROOK
LYN SCANDAL
Argument was finished Yesterday on the mo-
lions to dismiss the indictments against Police
Commissioner William f. Philips and ex-Com-
missioner Of City Works Theodore b. Wills. in
the Supreme Court Brooklyn Briefs Will he
submitted next Monday.
a fierce legal fight is being made by the law
yers for these two men, who are charged with
conspiracy. Dependent the result OF that
argument Is also the fate Of the seven other IN
Gicted ex-ohic:als who are alleged TO have be
longed TO the City Works ring. Rarely do argu-
mcnts on motions occupy days. as in this
case
Only cases Of unusual importance hiring TO-
Cether such legal talent os this argument en-
listed General benjamin r. Tracy. De Lanc"y
Nicon and Albert e. Lamb the orators for
the defence. and their handling 81 the subject
such to leave those in the courtroom
much In doubt "a to the result The hope Of
those who do not desire the alleged consiirators
10 escape on techncalities now rests chiefly on
the fact that public policy and the furtherance
Of Justice require that these men. in whose
interest daring attempt made 10 hrihe a
Grand Jury. GO to trial before iuries of their
peers
John d. Lindsay is likewise assisting in the
defence but in the hearing he confined himself
to prompting the speakers.
one Of the most interesting facts brought out
yesterday morning was the allegation that those
mixed UP in this series Of crimes designated
each other by numbers. For instance. Willis
known No |. Philips No. .. Fielding
as No. ; and Knapp as No. When they called
over the telephone they addressed each other In
that way, according to the testimony.
Colonel Lamb renewed his argument In the
morning He went over the testimony given by
Thomas Monahan before the Grand Jury. in
effort to show that II did corroborate the
testimony OF Doody. II Is plain that the de
fence II the gets into the trial court. is
20 discredit Doody and 10 stoutly maintain that
his testimony has not been corroborated Colo
mel Lamb referred to the fact that when John f.
Seares refused to let Doody do the paving Of
Kent-ave. and expressed preference for Mona
han. Monahan first saw Willis and then Philips
10 get Philips's influence with Willis At this
point Colonel Lamb made an amusing slip Of
the tongue in quoting the remark made to
Philips by Monahan Il will give you'll will
contribute to the campaign fund $500" was
the way he said t. The evidence If Monahan.
Colonel Lamb maintained did not suggest CON
spiracy He then read from the testimony ~
Doody regarding the Fort Hamilton-ave con
tract. Harris & MCGUIRE bid lower than Doody
on this work. but Doody said he got the
tract by paying Philips 10 per cent for fixing
81" The proposition was that the specifications
were TO be changed so that Doody would have to
furnish less Of the high priced and more NJ the
low-priced materials
Doody's testimony regarding the street-clean-
ing contract next reviewed Doody under
bid McGarry $4,000 and Willis came 70 Doody
and urged him to withdraw because he would
lose money on the contract Doody said that
both Philips and Willis told him he would not
get the contract. When Doody was asked
whether any division was made Of the S2OO.-
600 contract and whether Willis got rake
off" he replied no. but that the work could have
been done for half the price. Doody met Philips
while the Grand Jury was in session. and Doody
told the Grand Jury that Philips said to him:
Even II are indicted. IT won't make any
difference. 1t is thing that will blow over.
and We will fix 1t up
D!strictAttorney Marean. In replying TO
Colonel Lamb. first took up the argument based
on the statute Of limitations. The law that
misdemeanor indictment must be found within
two years Of the commission Of the crime did
not apply in this case. no time set forth
when the crime charged was committed The
crime OF conspiracy was a continuing one. and
beginning at a given date extended over an in
definite period In reply TO the argument that
Wills was forced to appear before the Grand
Jury Mr. Mare1n said that when the charges
first appeared In the newspapers these two men
camored for an investigation OF the charges
Now" said Mr.. Marean. both are fighting
in fear. but an opportunity should be afforded
them Of going before their peers and proving
their innocence II they can. Willis was exam
ined at his particular request. Nothing
else 10 inferred from the facts: the talk
about subpoena was a mere bubble The
question was. did he appear as a favor 10 him
self or he compelled by the prosecution.
Furthermore the inquiry was a general inves-
tga'on into any wilful and corrupt mscOn-
duct OF city officials.
AS 10 the Illegal testimony. Mr. Marean said:
You cannot take testimony before a Grand
jury without some Illegal evidence getting in.
The jurymen are laymen. who will ask ques-
tons Unless the whole system IS to be done
away with. Your Honor you must not dismiss
an indictment because some Illegal evidence APP
pears for II you do, then there is not in
d!ctment found that would not suffer the same
defendants on trial II furnishes them simply
the opportunity which. 1T seems to me. II they
are honest men, they should seek. and should
ask their lawyers TO insist upon. rather than
reject in order TO prove to the people that they
are as innocent as they say they are"
General Tracy made the Anal argument for the
defence at the beginning Of the afternoon ses-
sion. He made the most Of the admission OF the