New-York tribune., 1903-03-25
EXONERATES N. S. R.
SECOND EXPERT REPORT.
Nicou Fails to Learn Who Pays for
Proceedings.

OF criminal libel on the complaint OF William
~. Amory, because OF a statement which Mr.
TrSsIaad made for the newspapers, attacking Mr.
Amory recently. Mr.. Vreeland was not in court
but was represented by De Lancey Nicoil and
Paul D. Cravsth. Mr.. Amory was present with
his counsel. Thomas F. Byrne. Magistrate Bar
low ruled that Mr.. NicoIl had 6 right TO cross
examine Mr Amory the affidavit which was
the basis Of the complaint against Mr.. Vree-
land, and the croSs-examinetion occupied most
Of the afternoon.
Mr.. Anory said he formerly was secretary
OF the Third Avenue Railroad Company, and
his salary was paid for three months after the
Metropolitan Street Railway Company took the
Third Avenue company He had been employed
for years. he said. getting consents OF prop
eTty owners for the right Of way for streetcar
hneG. and AZ one time ne employed get
ting consents for the rapid transit subway. He
had received as much as 5000 a year sec
retsry of the Third Avenue company.
In reply TO Mr.. NicoIi the witness said that
when the Rapid Transit franchise first Of
fered at public auction he was the only bidder;
that the Rapid Transit Commission accepted his
bid, and he paid $1O0. He did not pay the
100000 agreed to be paid. because, he said.
it was TO be paid within thirty days after notice
had been served him to pay it. and that
notice had never been served. He declared that
his bid had never been legally rejected.
Then do you still claim that you own the
rapid transit franchise OF the city of New
York; asked Mr.. Nicoll.
Objection to his answering this question was
sustained. but not until Mr.. Amcry had de-
cIared that he had received the advice OF emf
rent counsel that his bid had never been legally
rejected
You were ambitious 70 become connected with
the Metropolitan road were you not?" asked Mr.
NicoI.
''T not"
You wished to be employed by the Metro
poIitan road?"
Il did not
Did you not 60 to William E Page and ask
him to do what he could for you?"
This question was objected to. and Mr.. Nicoll
said: L wish To show that this mans whole
purpose in coming into the courts was to get
SQUARE because he was not carried over from
the Third-ave. road, and that he announced his
intention to get square with the men in charge
Of the affairs ot the Metropolitan Railway Com
pany."
In hot exchange Of words between Amory
ard the opposing counsel the witness said:
You'll find out who the criminals are n this
matter before We get through"
Later the witness said that he had called the
attention OF public officials to the fact that the
coynpany owed millions Of dollars in taxes, that
gt o1,eS for car licenses and for paving between
the tracks.
After inquring to the witnesses knowledge
Of the books Of the Third Avenue Railway Com
rany. Mr. NicoII brought. .up the witnesses con-
ferences with the Worrnsers, with James K
Keene and Talbot J. Taylor. Mr. Araory said
Re had had interviews with Mr.. Keene about six
times and with Mr.. Taylor perhaps ten times.
He hsd met James R Keene in the latters omce,
No 80 Broed-st-. and had talked to him Of
Metropolitan affairs The last interview, he
thought, was in September. 1902. After Mr..
Keene left the city he mad several conferences
with Mr. Taylor.
ge mad hired Mr. HertIe formerly Commits
eioner of Accounts he said. and Mr.. HeTtle had
examined into the condition Of the Metropolitan
Corrnarv This employment of Hertle. he said,
arose from a conference he had with Mr.. Taylor
in March or April.
You know the other expert accountant, Mr..
Teichmann?" asked Mr.. Nicholl
Il DO"
Why he eTnployed?
u told Mr.. Keene and Mr.. Taylor certain facts
regarding the Metropolitan. Mr. Keene refused
10 have anything to do With the matter, but Mr.
TayIor thought il so important that an investi-
cation ought TO he made. 1 hired Mr. Hertle-
He made a report that was startling that Mr..
Taylor called in an expert OF his own, Mr. Teich-
mann. to make an investigation, and Mr. Teich-
mann confirmed the report OF Mr.. Hertle Eu-
gene A Phiibin has a copy Of the report in his
cafe"
Mr. NicoII then tried to bring out TIE name OF
others who had been associated with the wit
ness and also asked what conversation had
passed between Mr. PhiIbin and the witness re-
gsrding the report. When objection was made
10 this line Of questioning, Mr.. NicoN said;
We have got the fact that this witness is not
a bondholde- or stockholder in this company;
We now hnd him closetee with the Principal
Epeculator in Wall Street and employing ac-
Countants to bolster UP his charges. On the very
day that charges appeared in a daily paper Mr;
phibin appeared TO say that he represented
su unknown client. II there are other specu-
lators besides Wornser ana keene IN tt,s ts- ;7
ter. shall not be permitted to bring thern IN IN
What sanctity has an ex-District Attorney! no
man can enjo.- any protection VINO is ensdseo III
At The suggestion OF Mr.. Byrne the question
Is 10 who were associated with Mr.. Philbin went
over 20 the next hearing.
Mr Nicoll offered in evidence & report from
Mr. Teichmann TO Mr.. vreeland.
We know why he has made this new report;
We know why he did it, Mr.. Byrne declared
1T was because Mr.. Vreeland hireo MIN 70
make the report and paid him."
Mr. vreeIand did not pay him. Mr. Nicon
fairly shouted He has done it because he was
led into a trap by this crowd OF speculators ana
he wanted to right wrong.
Asked where he had obtained the appeal
papers in the worn7ser case Anory said he got
them from his friend Coleman Drayton, who
had been his legal adviser, but who hao no
recun!ary interest with him in any way.
Mr. NfcoIl made fruitIees effort to learn
whether any one supplying money for the
proceedings against the Metropolitan. Then he
asked what relation Mr.. -Braker had with the
effort 20 obtain a stockhoIder TO join IN the suit.
''Mr Braker either told me he had witness
al I'm