New-York tribune., 1903-07-25
NIGHT We BEEN 100000.
UNION STARTED HIGH.
Ertorhon Money Cannot Be Stolen,
Mmpky's Defence.


Lawrence Murphy, former treasurer Of the
stonecutters Union, charged with grand lar
ceny. yesterday for the first time stated the line
Of defence he intended to follow and the he
expected to make of the remarkable proofs OF
extortion and blackmail by the union which he
has been offering during the trial Further evi-
dence was also offered to prove the extortion of
$4,000 from Colonel Baird John r. Mcintyre
said that three reputable shop owners in Brook
lyn would testify that they had each been ap-
preached Dy representatives Of the union, and
had been forced to give money under threats TO
tie up their plants 1t was brought out that the
strike of 1898 had cost the employers $4,000,
and that money belonging to the union had been
deposited in safety deposit vaults under the
names Of officers Of the union.
Mr.. McIntyres statement of his line of defence
was brought out by objections raised by As
sistant District Attorney Mott to the lawyers
line Of procedure Mr.. Mcintyre asked permis-
sion to make a depression in the midst of the
testimony, and launched into statement of the
principles underlying ownership. The highway
man, he said had no title to the property he OBJ
tanned by force or duress, and had no complaint
against another who took the goods from him
The lawyer cited the cases of The People
Palmer and Barry. tried in New-York State ten
or twelve years ago, where it was held that
stealing could only be considered such when
the theft from the rightful owners their
representatives.
do you really mean" asked Judge New
burger, in astonishment, that this is to be your
defence?'
Il do The union acquired this money wrong
fully-by extortion 1t is still the property of
Colonel Baird. The union has no cause of COM
plant against the defendant"
JUDGE TAKES A DIFFERENT VIEW
"Then might as well tell you now, said the
Judge, that shall instruct the jury that if the
defendant held this money as treasurer of the
union, he must give an accounting to the
union"
Then the law will protect this system of ex-
torting money from empIoyersl" exclaimed the
lawyer
1T does nothing of the sort. There is another
remedy TO punish extortion. But a treasurer is
responsible to those for whom he holds money"
The lawyer persisted in holding TO this de-
fence, and said he would show ample precedent
before the was over. He announced that
he would call Colonel Baird and other Brooklyn
employers witnesses. and would show that
the money still rightfulIy belonged to them.
John Boyle, who was on the stand when court
was adjourned on Thursday was the first wit
ness called yesterday. He identified a contract
under which the members of the secret com
mttee" could not draw the money from the
Lawyers Surety Company unless they had filed
q r.
formed. He told of a vault hired from the Law
yers' Surety Company in which the contract and
all money paid as dues and fines were deposited
one paper. he said, was an agreement with en-
ployers in 1895
What agreement" asked Mr Mcintyre. Mr.
Mott objected and was sus aimed
I wish Z show. your honor, that the box
never belonged to the union, and that this 900
was collected by the secret committee from
.f-sz
in the vault so that it could not be traced. and
finally divided by the members of this commit
tee who put it there" said Mr.. Mcintyre
The Judge firm in his ruling.
Under further examination Boy.e said that the
$500 fund in question had been raised by $40
zines members of the union, but admitted that
the union had made good by assessing the en-
ployers. He said that he did not know in whose
name the box had been taken, but that the
president and walking delegate Of the union had
keys.
DENIES IT WAS A SECRET COMMITTEE
Charles H. Tucker who was said to have been
secretary Of the secret committee" was next
called.
Were you secretary OF the secret commit
fee'?" asked Mr.. Mcintyre.
Al this the witness became, apparently much
excited He turned to Judge Newburger and
began:
Cant I say a word? I want to"
Answer my question" insisted Mr. McIn-
tyre.
There never was a secret committee
shouted Tucker. I'VE was an executive COM
Iuittee -
"WilI you swear to that?"
Yes, sir
But you met in secret, maybe?" said Mr. Nc
Intyre, and the witness said they did. Then,
picking up record book. Mr.. Mcintyre asked:
did you. secretary of this executive COM
Enittee. ever hear Of this resolution passed on
June Is. 1898. that the president appoint a COM
rnittee Of seven members who shall meet in pri-
vate and consider all subjects pertaining to
secret matters of the union; that the committee
shall carry on business of the union as it sees
best. and report 10 the president alone? Did
you ever hear of that resolution being passed?"
81 don't remember" replied the witness
''will you swear that it never was passed."
'It was never passed while was present"
"And you. secretary of the committee, do
not remember anything about it?"
YES sir"
Donald Call. president Of the union up TO
April, 1902. and a walking delegate. was
the next Witness. His direct examination did
not bring out anything new. He said he re-
eeived $3.50 from Rubnstein. the employer, in
August He took the note to Murphy. but later
took it away from him and collected the money
himself. The lawyer tried without success to
md out why this procedure was followed
THAT $1,000 FUND.
Mr.. Call corroborated Boyle's statement that
the fund OF $1,000 had been collected by fning
members of the union $40 EACH but that the
rniou Id good assessing the ern-