New-York tribune., 1902-10-28
rPROAR AT CROKER TRIAL
oorNsEL ALMOST FIGHT-MR. pELANY
nEFIEs COMMISSIONER sTURGIs.

The defence Of CHIEF Croker completed its case
-.s,erday but not before the most exciting scene
- tbe trial occurred and quarrel led in which
-. imposing counsel nearly came 10 blows.
assistant Corporation Counsel Whitman was try
.g 10 irnpeach the testimony OF Daniel Mahoney
rber engineer OF the Park Avenue Hotel although
che witness had been made a witness for the
,osecution when recalled This caused those in
,he courtroom smile Augustine Lewith. one
NJ Nj Delany's assistants. unable TO control
tis mirth Mr. Whitman. in a burst OF wrath
asked the Commissioner 10 suppress the laughing
and gigglng Of counsel on the other side
Mr LeN-th arose, and. pointing his finger at
Nj whitman, said;
MI Whitman. II didn't know more law than
YOU did and more about conducting a case 7
would"-- and the rest OF Mr.. Lewith's words were
drowned by the rapping OF the gavel in the hand
OF Commissioner Sturgis. who had also risen and
Was facing counsel for the defence.
u object this" said Mr. Delany
M Delany. sit down shouted the Connnis-
sioner using his gavel vigorously
But ] won't sit down" insisted Mr.. Delany,
This is my associate. Mr.. Whitman made
himself liable this. and
The Commissioner directed Mr.. Delany to tell
his assistant to apologize.
M Commissioner. this is unfair and unjust
and ] must protest" again began Mr. Delany
while Mr. Whitman interrupted with the objection
thar counsel had no right 20 criticise the action
of the court
y
Commissioner defend himself. He Is well able and
has his maet IN his hand"
Il object to this criticism Of the judge" shouted
counsel, dancing around the table excitody.
The excitement fever heat Counsel for
both sides and the Commissioner stood as close
together they could, with only narrow table
intervening For time IL looked though blows
would be struck, but finally oil poured on
the troubled waters by Mr.. Delany announcing
that II he were privileged 10 get his objection on
the record ne would allow his associate act
aS he thought proper.
Mr. Lew1th announced thai he could not find
himself 'ustlhed in spologiZins TO counsel and
would therefore withdraw.
Mr Whitman asked that Mr.. Delany's entire
objection be stricken from the record il was
nothing but criticism OF the presiding Judge
The Commissioner so ordered.
"Oh. LEI II so at that" said Mr.. Delany "Al
OF in the room understand over what this
trouble arose. and matters will be straight
when this case comes up appeal
After the prosecution had taken the testimony
of a number OF witnesses in rebuttal show that
sparks from the armory fire fell the Park
Avenue Hotel. Mr.. Whitman asked Mr.. Delany 20
that his (Mr. Delany 81 remark that he
would prove that conspiracy existed between
Deputy Chief Purroy and Secretary Leary 20 oust
Chief Croker from the department and all the
testimony on that line be stricken from the record
Indeed won't returned Mr.. Delany. u will
bring this matter out time enough. ] will get
the matter referred 10 in the record together and
bring il before the Grand Jury, so that you and
al interested will know what am at
Commissioner Sturgis ordered il stricken out