The Montgomery advertiser., 1903-10-30
TESTIMONY OF SAM PARKS
Says He Gave the $500 to
 Treasurer Johnston.
Accused Walking Delegate Swears That Much of the Evidence Against Him is Misrepre-
 sentation of Facts.

New York. Oct. 2s.-The trial of Sam ,. Parks, walking delegate of the House smiths and Bridgemens' Union No. 2. on the charge of extortion, probably will be concluded tomorrow.
 Judge Newburger before whom Parks has been on trial since Monday, stated this evening that he would endeavor to bring the trial to a conclusion before Saturday. ..
 Parks was a witness to-day, remaining on the stand until adjournment While he admitted that great deal Of the testimony given by the witnesses for the prosecution was true. he testified that many of the accusations made against him were interpretations or fact. Had Sam Cornered. Two or three times Assistant District Attorney Rand, by a severe cross fire of questions. apparently had Parks in an awkward place, but MT. Osborne and the other lawyers for the defense were very watchful and their persistent objections to leading questions were invariably sus- tained by the court.
 Parks made no secret of his having re- ceived the $500 from the complaining wit nesses, but he insisted that this money was paid in a legitimate, business trans action with the Tiffany Studios, the cor poration on the complaint of which Parks indictment in this case was secured. Parks, while in poor health, seemed to be full of energy throughout the days ordeal. Several times the prosecuting lawyers attempted to get on record the fact that Parks had bank account of magnitude beyond the possibilities of an ordinary mechanic, but each attempt was overruled or cut short through the stren- uous efforts of counsel for the defense. The Line of Defs lse. The line of defense was uncovered when Parks in answer to Mir. Osborne's ques- tions. said that he paid the $500 to Treas urer Johnston. of the Union. Mir Os- borne dramatically called upon Johnston to stand up," shouting out the request until the man desired stood forth in plain view. .t
 MT. Osborne said Stand there where we can see you." and then turning to the witness astaA9 ., s.ss ~ sssss s9g'
 IS this the sfszn ' whom you paid the t5OO?2 S t1
 Parks was about to reply when As sistant District Attorney Rand objected, ' and Parks was not allowed to answer. < Parks denied absolutely that he or . dered any strike in the Tiffany case or < that he knew anything about 1t. and said \ that the fine was imposed because the < firm was on record as a non-union firm. J The initiation" fee, he said, was levied < by the association, and he told Frazer H that it would place the firm on record as a union firm with all large contractors in the city.
 McCsrthy's Bond Forfeited.
 Before the trial was resumed today, 1t was learned that the bail bond of $500 for Tim Mccarthy. Parks partner in the ' la bor union, who Is jointly indicted with him, had been forfeited.
 l. J. Byrne, nephew of ex-Chief of Po- X lice William s. Devery. is the bondsman. b,r at the request of Assistant Attorney Rand the forfeiture of the bond will not be entered until tomorrow.
 According to MT. Rand, MT. Mccarthy ia expected to appear within the next # twenty.four hours, but whether he will be produced by his bondsmen or appre- hended by the police the official did not say.
 Parks was not looking well when he entered court today. and in response to Mir. Osborne's greeting he said that he 4 had not slept very well.
 MT Rand said that the prosecution x would rest today, and the general i'm VI pression Is that the case will go to the N fury not later than tomorrow and pos & sibly this evening.
 Louis Schmitt, who, 1t is alleged, gave & Parks $500 last January, the act which S forms the basis of the charge against the defendant. was called to the stand, a and MT. Osborne resumed his cross-exam- ination.
 Schn.itr's Receipts.
 Mr. Osborne produced some papers and asked the witness If they were correct. to which Schmitt replied in the affirmative. One of them was a receipt given by Schmitt to the cashier of the Tiffany 4 Studios for $500 on January last, and aonther paper showed that $500 was paid to Parks by Schmitt for "services rend- ered.''
 Before leaving the stand Schmitt said that he had not consented willingly to pay the fine of $500 to Parks.
 Charles Avery, cashier of the Tiffany Studios, testified to his having drawn check for $500 on January ', for which he received three $1O0 bills at bank, and these, together with $2OO in bills and gold. he handed over to Schmitt on that day, the same day on which Schmitt swore to having paid the fine" to Parks.
 Robert E. Neidig, who for two years land three months was president of #branch of the Housesmiths and Bridge mems Union, but who was deposed dur Ming the present year. testified that the obiects of the housesmiths and bridge men's organization was to further the in- terests of workingmen, increase wages and maintain steady conditions in the trade.
 Objections Sustained.
 Mir. Rand endeavored to have the wit hess testify as to whether during his term Aof office as president, particularly during the month of January last, he had heard Parks make a report as walking delegate lof the previous weeks transaction at any meeting. or hand in a written report. but Mir. osborne strenuously objected and the Srourt sustained the objection. After some
 minor testimony as to a contract the Hhrosecution rested.
 MT. Osborne immediately renewed his Shnplication for the discharge of the pris- |bner because of defective indictment. frhe court denied the motion. Mir. Os- borne then began his speech to the jury, bpening for the defense. He said
 q will show you, and Parks will tell you, that this charge of extortion Is ab- surd The Tiffany people paid an initia-
 ion fee of $500. being put on the list of
 inion shops, besides receiving valuable Considerations.
 H ''It is absurd" continued MT. Osborne.