The sun., 1903-08-30

the Supreme Court, after hearing the argu-
ments of counsel on both sides yesterday
directed the District Attorney and Parkss
lawyers Messrs Eustace and ROBINSON
to hand in briefs to him on Monday morn
ing. If his Honor gives twenty-four hours
TO the consideration of these documents
and then decides to grant the cert'iica'e
of reasonable doubt, Parks may be re-
moved from Sing Sing prison ana oroueh1
down to the Tombs the same day, ana as
his friend Big Bill Devery is still ready 10
be Parks's bondsman there would then ne
no difficulty in the way of Parks being the
star attraction in the Labor Day parade
on Sept. 7.
Mr.. Rand, who prosecuted Parks ana
who is the acting District Attorney curing
the vacation Of Mr.. jerome, appeared with
Assistant District Attorney Gray to oppose
the granting of u certificate OF reasonable
doubt. Mr.. Rand put in a vigorous plea
for delay Mr. Eustace urged that 1t would
be wrong to keep Parks in prison another
day if his application for the certihcate
were favoraby considered.
Il have not intimated what my decision
will be-" said Justice Sewell. but Will fix
upon Monday morning AS the time wien
briefs may be handed in
During the argument a little stir was
caused by Lawyer Robinson referring to
an alleged personal attack upon himself ny
| MIR. Rand. who, Mr. Robinson was informed,
had referred to him, Robinson, as dirty
loafer."
an all my delightful experience in the
courts, during practice of twenty-five
yearsl" said Mr. Robinson, Il have never
before heard of any one accusing me OF
being that"
Il wish to state, said Mr.. Rand in reply,
"that whatever l may have thought have
never so characterized or called my learned
friend"
Mr.. Eustace contended for Parks. that
under the indictment the crime alleged
was the making of a threat to do an un-
lawful injury to the property of Josephus
Plenty and that this had not been proved
by the test imony; and that the trial court
erred in admitting evidence to show the
cashing of the check which Plenty offered
| to Parks and which Parks refused, de-
manding cash. Mr.. Eustace laid stress
| ,pon the evidence that the check wus
| changed and cashed when Parks was not
|
allowed all the facts connected with the
cashing of the check to be proved.
Vol" asked Judge Sewell what harm
did tlAi do Parks?"
Il Cannot say accurately replied Mr.
Eustace, "and your Honor cannot say that
it did not do him harm. The District At
tornev laid great stress on il
Mr.. Rand said that the gist Of the crime
Law in the reception of the money and the
threat to injure Plenty by not allowing
the striking ironworkers to go back to work
unless $500 vas paid to Parks. This de-
mand and paymcnt constituted eXtortlop
under the indictment.
parks had not been on the stand twenty
minutes" continued Mr., Rand. before
everybody within hearing of his voice
knew him to be perjurcr and thief. lie
could not tell to what labor organizations
he belonged He swore that he had never
called strike in his life Why was Lynch
NOT called blythe defence Lynch who cashed
the check and whose saloon is resort for
dirtv grafters? Lynch was within reach
He wrs even in the court room ard was
rointcd out and identified. Yet he was not
called.
The question is not as 10 the lawfulness
of strikes. II is as TO Parks's actions
toward Plenty for the purpose of getting
money from Plenty
The Court reserved decision.