The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-02-04
CHOP SUEY TALE ALL TOLD.
MAGISTRATE MOTT RESERVES DE
CISJSy IN THE MAGoWlN CASE.

Waiter Tells of the ex-MRyor's Big Talk OF
His Gambling Observation-Disclosures He
Sent to Himself-Capt. Price Appeals
to Henyen-Important Letters Found.
The taking OF testimony In the case against
Simon Buttner. who Is charged with robbinG
Frank A.. Mcgowan. eX-Mayor OF Trenton. OF
$4,000 on the night between Jan. II and Jan.
10, was finished yesterday afternoon before
Magistrate Mot. in the jefferson Market Po-
lice Court. The Magistrate said he would tell
whether or not he would hold Buttner when
he had had time to go over the testimony Of
fered.
L. Zotaerelli. leader OF the orchestra which
plays nightly in the Chop Suey. was the first
witness called by the defence.
Mr.. Mcgowan asked me to play 'Cavalleria
Rusticana.' " he said. I'VE did so and then
he told me that he would like to give us some
change. He pulled out a 500 bill first and
then n $1,000 bill and asked me II | could
change It ! said no. Then he took two %
cent pieces from his breast pocket and handed
them to me. He treated the orchestra. At
his request three of us stayed from 2:30 till
$3.50 in the morning. playing all the time. He
promised me SO an hour for 1t, but when l
asked him for the money he said that IL was
too much and gave me ST. for the whole time"
The violinist of the orchestra said that Ma
gowan asked him to play THE Sweetest Story
Ever He noticed that Mcgowan had tears
in his eyes when he finished.
Arthur Sussman. the waiter who was arrest
ed simultaneously with Buttner and subse-
uuently held in 500 bail as a witness in the
case. described how Mcgowan. on Sunday
morning. Jan. IL. went up to the smoking
parlor where he Ia alleged to have been robbed.
After having had some wine Mcgowan oecame
sleepy and retired to the walters room near
Ivy, where he lay down on the bed with his
clothes on. The, witness said that he and
I Sqtt ne r SLrea ,og 9lh here ioc eyer; Mn Wn,I and nan then NJ
Assistant District Attorney Blake at this
l%uncture produced, a telegram which had been
arrest; II was written by Mcgowan and had
been handed by him to Snssman to be sent
from the Imperial Hotel. 1t read: :. 1900
Non. Frank 4. McGoman. care Of fth Arenus
since conference this morning, has decided
to make capital 100000, lamb wires ac.
cspt t Al conditions 2idh, Send word Of meeting eesny at
e'S sns salS RiR Sfr. Blake said. asserted RO hat he
for it, Mcgowan admitted that he had written
the telegram and ordered Sussman to send it.
ceived at the Fifth Avenue Hotel.
Just think of that man sending such tele:
e5nnsel ' for h iTs dsfS ySsr HH TRaF' sn sSs,' RRst
condition he was i'm.
III can all be explained Assistant District
to do with this case"
Benjamin Klein. another of Buttner's wait
ers. testified that when Mcgowan entered the
he had been PLAYING at the Manhattan Club
and had made 81 200 in an hour.
You are lucky Klein remarked.
lucky the waiter said MaS9wan an.
$,i4 900 on stocks recently. and I made $S0.-
600 on Roosevelts election. | had 81 .O0U.0OO
more that wanted to bet on him.. but I
could not place it,.
that Sussman had told Chief Devery and him
self whcn he was arrested that he positively
knew that Mcgowan Ia! at least 81. 100 left
when Buttner made him go INTO the walters
room 70 sleep.
VII is it. Captain asked Buttner's com
sci, Lawyer Alter. that YOU are so interested
in securing a conviction in this case?',
Why, am the most disin.crested person
present tho Captain. renlied.
Why did you call in Chief Devery?',
Because the robbery was a peculiar Of
fence. ! make il n rule when aver a capital
offence has been committed to notify the Chief
or the head OF the department"
as a policeman a single case in which the po-
lice have taken such pains to secure a convlc-
tion?"
The last question aroused Capt. Price.
Halt right there. young man. he cried in
il Il rule to investigate carefully all crimes. I
have no prejudice whatever. | have come
here TO tell the truth and nothing else
is It not true persisted Alter. that you
found in his possession when he was arrest
ed,
No. before my God, no" affirmed the Cap
tain. with his hand raised toward the ceiling.
Il have them and | refuse to surrender
them. They are evidence OF another crime
Magistrate Mott announced that he would
render his decision by Tuesday next.