The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-04-28
THE CONSPIRACY TRIAL.
BANK ACCOUNTS OF WILLIS " PHIL
Fps u IN EVIDENCE.

Case for the Prosecution Complications.
Tracy Tries to Have the Conspiracy In
dictment Against willis Qdashed Be
cause of Another for Bribery. hut Fails.
District Attorney Hiram II. Steele completed
the presentation OF testimony for the prosecu-
ton yesterday in the trial of former City Works
Commissioner Theodore b. Willis and former
Police Commissioner William l.. Philips. Dur
ing the afternoon session Justices jerks and
Dickey occupied seats at the side Of Justice
Wilmot VI. Smith in Part v. OF the Supreme
Court in Brooklyn. The morning session be-
gan with Daniel Doody's cross-examination by
Col. Lamb. Doody said that Uirich Maurer.
who had interested him In the Valley Stream
property. had been known to him for years.
and had asked him to purchase the land and
Maurer promised to pay ont OF his commissions
a bill that he had owed to Doody for some
time. Doody said he did not think Mr.. Willis's
name was mentioned in connection with the
deal. Doody said he offered Maurer $4,000 for
the property. which was Il fair price.
Then said District Attorney Steele. how
did he come TO sell il later for So, lNOF"
oh" exclaimed Gen. Tracy. Il object to
that" The objection was sustained. and Col.
Lamb continued his croSs-cXamination
Your son was Il dummy. wasn't he? asked
Col. Lamb. NO. sir: he was not"
Did you not 50 call him >" asked Col. Lamb.
NO. sir; l did not use any such language
Doody testified that his son. who was only %
years old. was worth 100000 and had been
admitted to tho bar n short time ago.
Did he make the money in the practice OF
law - asked Col. Lamb. Il did not say that he
did answered Doody.
Robert Furey. the well-known Democratic
politician and contractor. was the next witness.
He testified that lie cashcd q warrant Tor the
Valley Stream property, but he could not re-
member from whom he got the warrant. He
concluded by SAYING that he did not get the
Daniel F., Doodv testified that he was admit;
tea to TIE i1%o 9nr tW Wo years Iib az ago and WINS a son OF
get some contracts, during Mr.. Willis's admin
i%stration. but that he had no personal interest
WILLIAM J. Kenmore. Jr. the receiving teller
that Mr.. Philips had been a deposition in the
bank for some years and was at one time "A
| slips were handed 10 him. Gen. Tracy NADIA
strong objection to their introduction and said
that Mr.. Philips's bank account could not be
,Sn It.nu as evi de- J@sti; ,ns smith p or% to-,
e p "s;:i'' l nv ss :S:'l i% IsS" NJ f% Flii il; iS d
and that dnring isis Nr T I'.Ii IS lad tdeir3s..
a a'f total sIS 81 81 Il ia fH 81. an! mr si Ph,i IT," he IN sa snrI had
been a depositor in the bank for about twenty
Robert :, Broad, a hookkeeper Of the Ma
tionnl City Bank. was called to testify as to Mr..
Willis's bank account, The testimony was oh
Justice Smith, Nj. Broad said MIR. Willis had
made these deposits IN cast, am, chccks: lS3.
$l3.WM.
Philips had a bank account in the Fulton Bank
from 1879 until 1894: and that he reopened his
account en- Sept u; $500 lie said thrre was
Philips Son.
deposits made by the firm 81 Philips & Son.
hut this Justice smith would not permit.
naIieI PoodL was recalled: ND in answer to
%iIiis 4 + ], F ri ss., We = y s$;SSS: and a"@ that Ss'1 This IS
he had complicated his casf.
had handed to him an indictment that was
pending in the same court AGAINST Mr., Willis
EVEN %r'% evidence ne "n 't rhIs trii"I for re cS Sn,n; rI.
tending to prove the charge 81 bribery. Til"
present cnS" OF conspiracy is q misdemennor;
be- merged into the higher crime Of bribery.
which is felony. and th"rcfnrrHH the court must
rcals decided this N the ease OF MrKanc |
therefore move that tn" present cas-" H." DIS,
given evidence Of Mr. WiIts's bank accounts
cctycd the money, and, il having been offered
for that purpose, the crim"o { conspiracy must
he merged in that OF The. higher crime, which
we are ready TO meet. This defendant cannot
be put in peril twice for the same offence"
District Attorney Steele argued that Gen.
Tracy was mistaken in hiG Interpretation IL
the decision. and Justice Smith said h" ho-
licved that Gen; trays view OF. The subject
was wrong. IL there Is Il conviction here,
he said. Tit will be a lar to any further pro-
~"eedings" He then denied the motion.
Gen. Tracy then moved. rs there was an in
dictnl"nt, now pending in N" same court
against Mr.. Willis for a higher Grim" amt
growing out of the sam" ease, that the present
| Indictment be uulShpt. rs under the statutes
~ the State III" secoi.d indictment must take
precedence. District ATTORNEY Steele said il
was not the same crime and that the aDplica-
ton was out Of place. Justice Smith denied
the motion.
Col. Lamb will open for tho defence this
morning.