New-York tribune., 1902-02-05
PARTY IS NOT ON TRIAL.
ODELL MAKES 1T CLEAR THAT
IT'S GUDEN'1S CASE.
MANY TESTIFY THAT THEY HEARD THE
SHERIFF SPEAK OF THE DADY
AGREEMENT.
AGREEMENT
[BY TELEGRAPH TO THE TRIBUNE

Albany Feb. 4.-Ciovernor Odell assumed ju-
dical functions to-day and listened for SIX
hours to the evidence regarding the charges
made against Sheriff Guden of Kings County to
the effect that he promised Michael ]. Dady'
all Of the compensation he might receive as
Sheriff above $4,000 and the authority to name
all the subordinates in his office. unremltuhs
rs his work a chief judge had been, the Gov
error was desirous at 6 O'Clock tonight of pro-
ceeding with the hearing, saying with a laush'
This court is willing to hold court for long
hours" The weary lawyers. however, demurreo'
and an adjournment was taken until 'o-inoi
row. when evidence for the defence VIII Oe
brought forward
Considerable evidence IN Sheriff Guden Ia
vor was submitted to-day. as well as eNIuel'o
intended 20 support the charges maue
him. The Executive Chamber at the O"p''O-
where the Sheriff's trial is now proceeulis' -"
crowded all day with leading Kings county
publicans and Kings County senators anu ~
semblymen. Lieutenant Governor ooui ''l
,,,to taadsd the Kings County Republicans was
-. oboir near that occupied by Gov
e-ror odeu. Ten feet distant sat Bert Reiss'
-. -,,,ne, LAWYER of Brooklyn, who brought
oto-. the formulation Of the charges against
cbari4 f5uden In chairs placed before the eN-
ecrtivo table sat Sheriff Guden, a medium sizeo'
slender man. and his counsel Jere Wernpers
and Levi w Naylor. Seated near MI helss
--as rlar.nce J. Shearn. the counsel or Ihonlas
n Piper. the complainant. Among the Kings
corn+v Republicans present as witnesses OF
snec+ators were Postmaster George H. ROBERTS,
~ ex-Judge Jacob Brenner, chairman OF 'he
Kings County Republican Committee; ex-Pollce
commissioner William Z. Phillips. Naval Officer
yober+ a. Sharkey, Coroner Philip T. Williams,
County Clerk Hartzheim. Register Neal waiter
nd ax-RRgiSter Howe.
covarnor Odell was aided in the morning by
cha legal advice of Deputy Attorney General
conan. and in the afternoon by that Of Attor-
nev General Davies. The Governor gave the
witnesses more liberty than would have been
granted to them in a court of law. being plainly
dasirous of getting at the truth Of the charges
rnada against the Sheriff. Testimony was given
nv Walter B. Atterbury, Bert Reiss. John hlssel
and Edward A. Sparks that at several con-
ferenees held by them with Sheriff Guden. an
alleged agreement of some nature between
81 the Sheriff and Michael ]. Dady was repeatedly
snoken about. Mr.. Atterbury testified that
Sheriff Guden had said once that he would
meet Mr. Dady in New-York Bay when he
should arrive from Havana, and try to get the
agreement from him, or compromise with
him on half the places in the SherlhS once
Mr. Reiss gave similar evidence that SherlfI
Guden had said he would go down the bay anu
compromise with Dady. Mr.. Reiss added:
Some one made the historical remark at that
conference. IF you go down the Bay you will
be dropped overheard
Mr. Sparks said that Sheriff Guden stated
he vas going down the Bay to meet Mr.. Dady
and get the agreement.
Governor Odell early in the hearing was asked
10 include Mr. Dady in the charges, but in reply
he said that Mr. Dady an election com
missioner of the city of New-York, and, he un-
derstood not under his authority. Early in the
taking Of the evidence also Mr.. Shearn having
asked Mr. Atterbury his various official posi-
tons in the Republican party, and having said
that he wished TO show Mr.. Atterbury's polltl-
cal rank Governor Odel interrupted him with
the remark
The Sheriff is on trial here, not the Repub-
hcan party"
Register Neal and County Clerk Hartzheim
both testified positively that they had not given
any pledges of patronage before election TO
Michael J. Dady; pledges were asked or
given by them, they said Ex-Judge Bremen
testified that he nominated candidate against
Guden at the meeting Of the Republican execu-
tive committee at which the latter was selected
as the party's candidate for Sheriff, and stated
that Dadys argument in favor of Guden S
nomination was that Guden had been a faithful,
hard working Republican, and was good bust
ness Postmaster Roberts testified that
Dsdy said Guden man eminently fitted to
be Sheriff