New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-02-01
MIR, LAuTERBACH TESTTFTES
TELLS ABOUT MR.. HBss's NOMINATION
FOR CONGRESS.
tn. PLAINTIFF IN THE LIBEL SUIT AGAINST
..r,,r pprss" ALSO ov THE sTAND-BoTH
SIDES SUN Up. ANp JUSTICE FURsMAS

WILL. CHARGE THE JURY TODAY
Charles A Hess resumed the stand Before JUS
tce Fursmnn and n jury IN fart va % '"' -"
preme Court yesterday morning. ana continued us
| testimony In his suit for $1,000 dhinhe's hs"."s'
I Tho New-York Press" Mr.. Hess alleges mat IN
the carpeian Of 1909 when Re candidate
for Congress In the XIIh Congress District certain
ilbellous and defamatory articles were p'''''"e'
| about him in 'The Press"
As soon az the plaintiff resumed the "iuess
stand yesterday the check for S5 which IL was a.
legged he gave to Mr. Darby. Il district captain IN
/ the Republican party OF this city. TO be used TOT
! election purposes, was handed 20 HIM.
Ibid YOU give that check TO Mr.. Darby" asked
Mr. Adams counsel for Mr.. Hess
Il did not" was the reply. That checK was
never drawn by me-"
This ended the direct examination, and De Lancey
Nicon took Nj Hess IN charge FOR cross-eAa'.""
ton. Ia answer 10 questions Mr.. Hess sald tal "e
had been a member OF the Republican orgalil%'lo"
IN this city ever since he had cast his hrst Fo.e'
, He had been n member OF the organization IN INC
1 XXIst Assembly District eight or nine years ana
had been leader OF the district for several months
MI Hess was then asked about the different po-
l,tical places he had held lie said that ne was Il
United States Assistant Dstrict-Attorney IN 49,
was a candidate for Congress In 1885. can1ida'e
for civil Justice in 1890 and mentioned as a
candidate for city Court Judge I'm Governor Nor
tons administration. M Hess then told OF DIS
resignation from the various Republican cIuos oI
. which "a a member IN ls93 anu auihl1tcu '''''N
/ hts action was prompted by the DlacKoa''"e VI w.
Seligman In the Union League CUB
Mr. Nioou then questioned Mr.. Hess closely re-
/ Rardng several alleged interviews puolshed III
/ various newspapers. These interviews All quo,eu
/ MIR Hess as saying that he was dissatisfied with
the Republican party and the way II was "ei's 'u'''
and that he intended getting out
NEVER MEANT TO LEAVE THE PARTY.
81 never said that I was about 70 leave the
idea"
"Dd YOU not say about that time that you De,
u,..d tbat tho administration OF Tammany Han
was the best city government administration IN inc
world?' asked.
81 certainly did not"
} NJ H. said that he remembered the campaign
Of 1893 perfectIy we'll. and that he had signed tho
petition got up by the legal profession 's az
the candidacy Of Judge Maynard. Mr.. ness au,n u
ted that he had neither registered nor voted 'ha'
The witness admitted that i1lso5 he had not reg
istcred voted. .,
QWhen did you first apply to any one 10 sec9 fop
rngrrer IN 1882 Af did not take any steps
whatever in TINS line In the course q cotmeri,ch
u n1n II af Gaf lac had received nomination was
"S SIs IN ,ot irue that you these men at mo
Glsey House before yoA Weie ng1,,'' rs il f. n
YES. but only to discuss the SITUATION % -
Bd Won say. ct VIII pay the expenses OF my
own canpasn 4nu t, rTi correct said would
bear The expense Of my OWE campaign II was
Mr. Uegs said here that he desired 10 qualify his
testimony Of Monday 70 his giving money 'or
/ campaign purposes. , -
Old YOU not say n you were nominated you "a
! would mako the campaign red not anu eo III
az We're not any Of those large checks deposited
/ with Prockssay paid out ny YOU 10 ~, 49,
single check. ] said would pay go an aiec''oH
district toward tho expenses ~ the campaEhi tim
. What aid you understand that TINS 3, IN inc
Eleventh District would pay for! 40 S"o"
OF was ali legitimate then? ArYes: 90 90
O-Thc amount paid FOR lS districts was s-.FSo
/ Ycu would not allow the use q any OF TINS money
for ncgitimate purposes? A-No'
Thi, finished the denomination OF Mr.. Hess
MIR. LAuTERBACH CALLED.
Edward Iauterbach was then called Mr.. Adams
asked him II he had any conversation with Ny
Einstclu the proprietor Of Tho Press Mt
Iautcrbach admitted ne had several conversations
bat could not tell whether they were over the 'eIe-
phone or not.
Odd You state over the phone 20 Mr. Einstein
/ tbst Mir Hess had put up $500 with you? Al
did not state mat Mr.. Hess had put up $3.50 with
DID You make similar statement 70 MT,
Wardman@ Al "a not Tho sum or 800 was
mentioned 10 MIR. Einstein ina conversation WIN
other leaders when ] was chairman OF the Repub-
iiI1" id Mr. Ein-icin ask YOU X Luther Little
IN Inc Kim District. A.-Yes Was told he had
been consd red, bit thai he hag eXpfeSsed L.s M
,oId him MIR. Hess would probably DO nominated.
Mr. Einsein, replied that Mr. Hess Wa not De
1oTK ana 9rp that The NewYor Press wout object
~ HIM ,1 from the beginning to the end Mr.
Hess and he stated that he had aways been ami;
lated with the Republican party commn!nicatet
ha to MI Enssa and u ne faeH WI" r En.
a good man. when I asked him 4 he could pay
U"Wh@t was tho sum stated? Al think about
QDd you ever receive any money ,o from MI Mr.
HIM. wv ~
is Mr. rnuterbach making an address" asked
Mt Nlcoll counsel for Mr.. Ensteln. Jumping to
his tect
~ have been addressed" said Mr. Lsuterbach.
land iu u dasterdy manner
Mr. Nicon then began his cross-examinatlon
O-Do YOU knox Mr. Scanncc Ayes. believe
J have met him three times IN my Ire. spcn; all
the money coud AFFORD and ! then had TO look
around tor "a candidate who could AFFORD 20 bear
the expense OF the campaign. The County Com
n,lttee OWED rac Gl0 ~ personally and repaid
$500 during tho National campaign % lsF. There
NoIAnid You bean to get this back during tho
u object" ~ laimed Nj Adams. counsel for Mr.
! Hess and ne Was Sustained
HESS WOULD PAY Ills OWN EXPENSES.
O-You were Informed that in case Mr.. Hess was
nominated he would pay all his own expenses? A.
Yes
Q-How much money dla You say It would
qulreo A-About 5000 Mr.. Hess was the cand-
date everybody seemed 20 agree on.
O.-Is Hess an Old friend of yours? A.-Ycs.
have known him many years. IFS brother Simon
and are dear frl,.Is. lie Was partner ~ mine
IN the Anchor brcNefy - DoDh7 Itrry
Q-Did you confer with any - The district lead
crs ~ TO Mr.. Hess's nomination? A.-Ycs. and
I fhcv all seemed 10 bee satisfied.
Q.-Di3 you know that Air. Hess was - pay tie
expense Of mis- own campaig": A-WeH assumed
.
The characterization Of Mr. Lauterbach here
ended
M Nicon I'm his summing up of the case asked
the Judge TO rule that the article which appeared