BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-09-20

question would incriminate him, and
when forced to answer, first started
to, do SO, then waited five minutes for
thought on the subject and finally re-
fused to answer.
He evoded the question whether or
not he was interested in the gambling
house which was raided by Judge
Kopel on Saturday night last, and when
asked if he had told Judge Kopel
|anything to that effect he made a
positive denial.
During the entire cross oss.examination of
the witness, he made some of the most
contradictory statements and recalled
many questions others were answered
after mature-thought. that is after two or
three minutes. When finally compelled to
state whether or not he had seen Judge
Kopel get the money, he replied No
but I know he got it :, (this after ten
minutes contemplation.
When questioned as to whether he
had any interest in Daley's gambling
house he fumbled about for five mimi
tes and finally said no +; and when ask
ed about his interest in the house raid
ed on Saturday night ne also replied
negatively, after ten minutes thought
The apparent discomforture of the wit
ness and his evasive replies we're MOTTO
ed by all in the Court room and brought
forth much mirth, even from among
the gambling fraternity which was
represented by some conspicuous per
sonalties
After the witness Owens had testif-
ed the hearing was adjourned until
2 3o
At the afternoon hearing, the first
witness called was Mr. Dillon, reporter
for the San Juan News, he testified to
having had several conversations with
Daley regarding a sensational article that
Daley promised him for the News, that
from conversations had with Daley he
presumed that the article was TO be
against Judge Kopel; he was unable to
say whether they were going to give
Judge Kopel a bribe, or that they were
going TO make it appear that they had
given him bribe. At all events
he stated the article was not published
because Daley finally told him that he
had made the deal. Which deal he
was unable to say, but he presumed it
was the deal that they had been talk
ing of. The testimony was most wan
dering and Judge Hord could not con.
fine the witness to any direct statement
that Daley had said that he was going
to bribe Judge lKopel,
The next witness was Santiago Pal
ner, who testified that he had drawn
up the afidavits for the three men, and
that when tney came TO his place they
we're accom- panied by Mr. "Wenar."
That they all sat together when they
made the afidavits and that as each
one finished he went to the other side of
the room, that the afidavits were taken
down by him in Spanish and then put
into English on the typewriter.
The defendant Daley, through his
counsel stated that he had no witnesses
to call.
Judge Kopel then made a statement
to the effect that he had never at any
time had any relations with Daley OF
any one else regarding the payment Of
a bribe; that he had never received
any money from Daley at any time,
that he never had any conversation
NTH Daley, nt tho Gi1aster.4aaster'c5 5ilOJ1x,
that he had raided Daley's place about
four times, and was always accompanied
by his Secretary and several of the San
Juan Post Policemen, and his 'ta1guacil"
that he could prove that he had raided
Daley's place several times after the
3osh day of July that he on the
night when the raid was made on
the Colonial Club gambling resort
that the witness Ovens threatened to
fix him if he raided the place; that
a ter the raid and while he was in
the room, the people, those in the room
heard Daley, Wenar and others threaten
that they would make trouble for him,
saying well fix you fer this" That
the Spanish editor could prove that
those people never came neor the
Office.
The People then closed their case.
Judge Hord in giving his decision
stated that there Nas< no evidence to
show that Judge Kopel had received
any brlbe to inf1uenc his decision
as a Judge in any case then pending
before him, or to be brought before
him, as is required by the code. He said
on that sec ion there could be no
against Judge Kope1
On the same charge against the def
sndant Daley the Court stated that
here could be no conviction against
1in1 since if he had committed anv
'rinle it was in connection with the
'harge OF bribery and that since there
'tlld be no conviction without Dales
sstimony and without the conviction
+ bo.h parties that preliminary case
ould not be made out against either
artv
Under Section 40, the charge Of
felony was misdemean- !
and the Court stated that under this
sctlon if there could be any prosecution
would have to come before police
laglstrate and he had no jurisdiction in
le matter.
The court then stated that the mat
T had resolved itself into a case of
y =