New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-29
FIELDING ON THE STAND.
CALLED TO TESTIFY IN THE TRIAL OF
WILLIS AND PHILIPS.
MANY MOTIONS TO DISMISS THE CASE OVER
RULED-coLoNEL LAMB OUTLINES
THE DEFENCE

RULED-coLoNEL LAMB OUTLINES
THE DEFENCE
IN the defence in the trial OF ex-city Works
commissioner Theodore B. Willis and ex-Police
commissioner William z. Philips. on a charge OF
,onspiracy which was opened by their lawyers.
General BENJAMIN F. Tracy and Colonel Albert f.
lamb yesterday. the sensation OF the week was
,nrung when ex-Deputy City Works Commissioners
Robert ". Fielding called TO the stand.
Fielding was tried and convicted several months
ago on the charge OF violation OF official duty,
srd the fact that the defence should have called
h,r, 10 testify. and. more that he should consent
,o 60 on the stand not only surprised District
Attorney Steele, but caused astonlshment around
,he courtroom. The idea seemed TO be that II
Willis was not responsible for the misdeeds which
have been brought. out In the evidence. Fielding
uas Not much evidence obtained from Field
,,r however as he either refused to answer on
che plea that Il might incrimnate him. or he was
,roubled with a loss Of memory on all the salient
noints in the case.
Colonel Lamb, in outlining the defence in a speech
which took two hours said that while Philips
couh not deny he received money. he hoped TO
show that It perfectly legitimate. as he phil
,ns) was IN partnership with Doody in the con-
tracing business. that he stood to lose IL the con-
tracts were not profitable. well gain II money
were made on them. Colonel Lamb said that there
was no evidence to show that Willis had done any
ing
snv other contractor. Late in the afternoon n
Number OF men were called to the stand TO testify
% the good character Of Willis and Philips. Mr.
steele on cross-exa mnaton brought out the fact
that the witnesses were either not in position position
or else were interested in them personally.
MOTIONS TO DISMISS.
Al the opening Of court in the morning. General
Tracy began a string Of motions TO dismiss all OF
which were in overruled by the Court. He
first said:
Il move TO dismiss on the ground that the bribery
Indictment has taken precedence. l move 1t under
section 400 Of the Penal Code
Motion denied" said Justice Smith Il think
that II would be doubtful whether the Grand Jury
would be warranted in finding an Indictment under
the facts submitted
'UnfortunateIy. the Grand Jury has found that
Indictment" said General Tracy.
Il will deny the motion any way, was the reply
Then the General tried again. He moved to dis
miss the grounds that no evidence mao peen
proved of the conspiracy charged in the indict-
4 will submit the case to the jury" responded
General Tracy then showing some little heat.
said Il ask that the jury be instructed to acquit
proof Of any Of the overt acts charged" This was
General Tracy then presented each overt act by
number. and moved to dismiss on the ground that
there was proof. Each motion was in turn
that the prosecution be required TO elect as
what TRANSACTION set out in the indictment. as
overt acts. it Will take for the proof of the crime
shall ask for conviction on the %n9e case
"That is true and I deny the motion" said JUS
Then General Tracy asked that "the only eyi-
dence OF conspiracy established given by Doody
who an accomplish was Incompetent the jury
be instructed in that way" Justice Smith denied
the request.
OPENING FOR THE DEFENCE.
Colonel Lamb then began his opening OF the de-
fence. He said that a conspiracy was nothing
more or less than an agreement. He said he would
be willing to leave IT TO the jury, then. as TO
whether there any evidence that Mr.. Philips
had ever held Up or demanded tribute from single
contractor. He outlined al length the meaning OF
en- overt act From that he proceeded to 8r 6;og-
political r. and in sPe9kng Of M Pps s sa6
should go into the contracting business 1890,
Colonel Lamb declared that he would prove that
they were paid as part o. DEBT OWED oy HOBBY
Speaking Of the valley Stream land purchase. he
said that be would show that Maurer came to
The frst witness called for the defence was Rob
ert VI. Whiting. who held the place OF secretary
Of the City Works Department under the Wills sd-
routine OF the DEPARTMENT and to several Of the
appointments. When he was taken in hand by
admitted that in all his experience in the Depart
ment he had never known that Mr.. Philips was
partner % Daniel Doody.
FIELDING CALLED TO TESTIFY.
Ex-Deputy City Works Commissioner Fielding
was then put the stand. He said that Willis
had never asked him TO favor any contractor over
another. After recess. when the cross-examnation
Of Fielding was begun by the prosecution. Mr..
Fielding did not to remember the details OF
any Of the contracts which have been the turning
points OF the case. When, after refusing to answer
number OF questions on the ground that 10 an
swer them might tend to- incriminate him. he was
questioned about the for the various prices
paid 10 contractors he thought he would leave the
stand altogether.
General Tracy desired him to remain evidently.
and everybody smiled when Attorney Steele
told Fielding that he was prudent in giving up his
attempt 10 testify
Later George White. president OF the Mechanics
Bank: Charles Young. president Of the National
City Bank: Oscar Knapp, ex-Water Purveyor.
under indictment for irregularities In his admins
iration. and others. testified 10 the good char
acter OF Willis and Philips. They all said that
they had known that Philips was in partner