The sun., 1901-08-11

rneut In the case against him unlssD IN ~
DrorBooe Of council Thereupon the sustac>
Informed the counsel that the statement
wss not TO be used In the case against Whit
n.y. but u we :tnsr r.sa snsinSs csPs psfcss oS
q tRe room and ma 1sthis aat.m,snt knowI
4 was surmised shst there was immedisss
trouble ahead for some one, and as the day
WoSo on eli the suspicious were pointing
toward 0lennon.
Thsrs was no way Of ascertaining au.
thentically last night how far Whitney wen'
caoed, for the feason that none OF those
at the long conference and examination
would tell Justice jerome based his re-
fndal 70 give out anything for pubiicatior
IN the around that II would defeat the ends
Of iust{ce TO do 40. but at the same time
hs said that the information was OF such z
character a. 10 require extended investl'
Justice came out OF the room where the
examination had been held and spoke az
follows TO the reporters:
We had hoped that there would be
matters developed In this investigation
which we could give to you without ham,
pering the action Of tn . District Attorney
but alter Q conference with Mr.. Sohurman
with regard to all the matters we have
been over, We both feel that to m AXE public
any statement with regard to the subject
matter would be to impede the District
Attorney IN the prosecution or the inquiry
which be intends TO make. Naturally, II
win occur TO you that any such investiga-
ton a. the District Attorney has been
conducting before me would be suggestive
Of many things which VIII require the s, mosi
careful and i may be . most extended
inquiry To intimate their character would
render such an Investigation extremel
dif1icult and would perhaps defeat the
ends Of Justice. We can say, however.
that the defendant has endeavorsd. with
apparently the grcetsst sincerity. to do
ali = his power 70 atom for the wrong
which b has done 90
% Do any work on tho casa to-day. but, on
the contrary, that he hoped to 60 to the
country and rest until Monday.
= AH1AIoMnNr or THE PBlsoNBRs.
0rsat happenings were expected At the
Criminal Courts Building yesterday b.
ca,,oe OF the sensation the Parkhurst So
dety had sprung In the morning papers.
Thsrs were 8 lot Of little politicians around.
but tho big fellows stayed away. The case
asainst Whitney. and his partner, Ernest
Court Of special Sessions, and at that hour
they were arraigned, with Emanuel Friend
6eputy Assistant District Attorney
Sandford represented the District Attor-
nsy's ONCE. Mr.. Friend moved that the
defsndants be discharged on the ground
that tho offence with which they were
was denied, the Court observing that men
who stood ON tho street and gave informa-
ton TO Q poolroom or q gambling place Of
any sort that q raid was going TO take place
were In the same category with burglars
lookouts and were guilty OF aiding and
abetting felony.
BAIL RAISED TO 5000.
When the question Of bail came up, Mr..
6andford asked that the ball Of IS 900 which
had been fixed by Justice jerome at the
time Of the arrest Of the defendants be
raised to $500 He said that the DtstItct
Attorney was In the Possession OF addt-
tional evidence against the accused and
wished for that reason that the bail be
increased. Jusice Jerome fixed the amount
for each man at IS 900 and stipulated that
the District Attorneys office should receive
eight hours notice before bail could be
accepted Both the prisoners were then
taken back to the Tombs, their cases being
adjourned until Monday.
Detective Dillon Of the Parkhurst So
ciety was, Of course, present at the ex-
animation, and Whitney looked at him
with great anger.
.so%s one Ousht; 70 to AZ him; him., } he ;.id Si 4
tho chance
NO FRIEND TO orpsR RAIL.
Whitney was evidently In q bad humor.
He tried to Joke once or twice, but 1t was .
failure. The raising Of the ball and the
stipulation Of the District Attorney that
he must have eight hours' notice before
the prisoner would be released upset him.
He had anticipated that the poolroom
syndicate would rush to the front and sec
him out Of the hole that he had let himself
get into. He thought that they could
help him at hast temporarily, but there
was no evidence that the gamblers were
going to the front for him and he got either
angry or hghtened. Lawyer Friend said
heimer In the court prepared TO 60 on the
bonds for the amount required but that
the eight hours' notice business knocked
out his plans.
WHITNEY DECIDED TO TELL
At any rate when Whitney got back to
the Tomhs be told Friend that he was going
TO tsil al he knew. Friend sayy he tried
to diaDuAde him. He insisted that Ne had
Q good defence and that there was no danger
Of f. being Icon colyicssd % & but VIII Whitney y,;s Tss
went over TO see Justice Jerome. He found
jerome In consultation with Recorder God
and told him that his client wanted to
mako . statement, but that he had advised
him not to do SO.
sN he disregards this advice, said Friend
and Aka TO make statement TO you, ask
that may be notified In order that l. a. hii
oounssl, may be present.
SENDS 10 PHILBIN AND JxRoMB.
Shortly after Friend left Whitney the
latter sent word TO the District Attorney
MAJ k~ -faha-1 70 ntat ~
Philbip. He was told that the latter wal
at 6eabrtght over Sunday, but that Franl
Mos and Justice Jerome would be glad tc
hear anything be had to say. 80. bent OIL
scoughinG up the prisoner sent word Il
Justice Jerome that he wanted to make q
statement. Frank Moss was With the
Justice at that time. Word was sent u
Friend, and Justice Jerome wrote out ar
order TO Warden Hagan Of the Tomb'
Whitney In the Court Of Special Sessions
Deputy Assdssant District Attorneys Garyar
and Sandford were also sent for. Mr..
Aioss had on hand trusted stenographsr.
BBoUoHr ovKR TO CONFESS.
Whitney was brought over by Warder
Hogan. He said coming over that the
only reason he made q statement was u
get his partner Burgdorf out Of trouble
lie insisted that Burgdorf was entirely
innocent, although Detective Dillon'e am
davit, which formed the complaint, impli
Nothing was done In the matter unit
Friend arrived a few moments after hi;
,liont. Justice Jerome then told the law
Yer that Whitney was desirous OF making q
statement, but that he did so without any
promise or pledge Of immunity. He alst
explained that the statement was not u
be used in the case against Whitney, bu,
H. L. -