The sun., 1903-12-08
ODELL HEARS ZIEGLER CASE.
GIVES COUNSEL THREE WEEKS
~ WHICH TO FILE BRIEFS.
Missouri Authorities Ask for Ziesler's
ExtraditiOn for Bribery-Counsei for
ZicEler Insists That He Was In New
York When the Crime Was Committed.

Z,cKler Insists That He Was In New
York When the Crime Was Committed.
ALBANY. Dec. AFTER hearing before
him today on the application of the Gov
ernrr Of Missouri for the surrender to the
authorities Of that State Of William !ziegler,
who lives in Fifth avenue, New York city,
G,v Ode gave counsel three weeks In
which to file briefs. Mr.. Ziegler has heen
indicted for bribery In Cole county. Mo. in
viii is jefferson City, the capital of Mis-
sourl
hill was introduced in the Missouri Leg
i.a'ure in January, 1901. which repealed
law passed in 1899 prohibiting the use OF
alum in baking powders The Legislature
adjourned on March ls without passing the
bill. which was favored by the alum baking
powder manufacturer Mr.. Ziegler Is
largely Interested in the Royal Baking Pow
der Company, which does not use alum.
He is charged with entering into con-
spiracy to defeat the bill with Daniel j.
Kelly Of New York city, who Is now said to
be in Canada and who is alleged to have
represented Mr.. Ziegler at jefferson City at
lifetime ment oned. The Missouri authori-
ties contend that the seven members OF the
Senate committee which killed the bill got
81 900 each and that former Lieut. enant-
Governor Lee got $4,000. and that the
money came from Ziegler through Mr. Kelly.
Judging from the questions asked by
Gov Odell during the hearing. he did not
think that the authorities Of Missouri had
produced much more than surmises
connect Mr.. Ziegler with the financial
transactions involved and that the extra
diion papers were too irregular and in
sufficient on which to base an application for
the surrender of Mr.. Ziegler to the Missouri
authorities In fact the only evidence.
If it can be called such. which was brought
out to-day tending to show that Mr.. Zie2ler
was in St. Louis on March 10, 1901 the day
after the Legislature adjourned and the
day on which it was claimed the money
was paid. was an affidavit made by New
York city newspaper man, wherein ne
relate, having had an interview with MIR.
2ie e,'nr in New York city and swears that
Mr. Iiegler told him he was in st. Louis
on that day
The hearing before the Governor to-day
brought out an imposing array OF counsel;
A,toiney-General L. C. Crow of Missouri
and Judge Thomas C. Harvey Of st. Louis.
who, Nj Ziaglers attorneys say, represent
alum baking powder manufacturers, ar
gued in favor Of the Governor surrendering
Zegler. and John NJ. Bowers, Delaney
Underwood, John d. Lindsay and James W.
Gerard represented Mr. Zieglers interests.
1t developed that the extraditon papers
mentioned no specific date as 70 the commits
ence in st. Louis. The nearest approach to
mentioning time was that the bribe money
actually passed at blank day in March.
Attorney-General Grow insisted, however,
that the conspiracy. to beat the biil was
in the latter part of December. 1900. and
the carly part of January, 1901, before the
Legislature met and before the bill was
introduced, and that he was there in March
and April afterward.
There was much discussion with a view
TO having Attorney-General Grow mention
specific dates, so that Mr.. Ziegler's counsel
would be in a position to prove an alloi
After much wrangling 1t finally was agreed
except during the month Of March. need not
be considered. Coy. Odell thought that
specific dates should be given and that II
Was incumbent upon the applicants to show
that Mr. Iiegler wus in, st, Louis at the time
II wa charged the crime was committed.
Tie Governor said Mr.. Ziegler was an old
Tim. resident of New York State and that
his interests s. ould be protected.
mony shows that an attempt i being made
bv the laking powder interests opposed to
Mr. Meger to take him to Missouri under
this charge in order to force combination
Of all baking powder ihterssss m r;sn ne n ba that
case. and would not be warranted in sur
rendering Zegler. | am ready hear
testimony on the actual commslo OF
the rime charged, when it was committed
and anything to show Ziegler's connection
with it,"
Mr. Bowers criticised the affidavit OF
Prosecuting Attorney Brown Of Cole county,
Mo-. where Ziegler was indicted. wherein
Mr.. Brown swears that he knows to his own
hat Tin1lnr hapn fhpra
and committed the crime. Mr.. Bowers said
that he was prepared to show that Mr..
Ziegler was in his law office. in New York
city on March 10, 1901, and that he had
Mr.. Bowers had requested Mr.. Browns
presence in Albany to-day, but he DID not
put in an appearance,
Mr. Bowers went on to say that extradi-
ton proceedings should not lie upon such
moving papers, and intimated that, whether
unwittingly or not. the authorities Of Mis-
souri, were being used to persecute rather
than prosecute Mr.. Ziegler.
Attorney General Crow seemed to think
that this was reflection on the authorities
situations to be AS false as hell
Judge Harvey said their case was COM
plete and regular on the papers in the case,
which included a copy Of the indictment
and affidavits in support OF It.
Gov, Odell said, assuming that the crime
was committed in the month of March, 1t
was up to Mr. Ziegler's counsel to show
why the extradition should not be granted.
Edward Iauterbach read volumlnous
affidavit of Mr.. Zieglers, declaring that the
indictment against him was found at the
instance of men representing opposition
baking powder interests and OF personal
enemies. He mentioned the names OF
T. B. Baldwin, Patterson Balm. F. E. Udell
and John A. Lee, upon whose testimony,
he said. the indictment was found.
Mr.. Ieger says Baldwin was employed
by him to take charge of an expedition to
the North Pole and was discharged because
he did not faithfully represent the interests
Condded to him. This was in October, 1902
and Ziegler says Baldwin has been trying
ever since to injure him. He submitted
aNidavs to show that Baldwin had threat.
cned him, and stigmatized the indictment
a. an act of oppression set in motion by the
vindctiveness and hatred Of Baldwin, Bain
anl Udell He declared that he was not in
Missouri during the session OF the Legisla-
tlrc, and his first visit after early IN jan
larv was on April 8, the Legislature having
al lourned on March l3.
Mr. Zieglers counsel had witnesses pres
ent at the hearing who could swear that
Mr. Iiegler was not out OF New YORK CITY
any day in March, 1901. They had
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