Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1904-09-10
In Testimony Given Yesterday in
the Contempt Case Others
on the Stand.
ADJOURNED FOR WEEK.
The c.lsy Case Is Practically Being Tried
to Show That the Criticism Ia ihe Daily
Times Of New Brunswick, was UpIusiI
fied-Lawyers Tell Of the Csnfersrce
Held at Judge Strong's Place.
Special 10 tie Evening News.

sopeClut 10 me EVeHtUg lfefVS
New Brunswick, Sept. 10:--Tssti-
mony given by Detective John Huff,
of Perth Amboy, was the last witness
in the matter of the contempt proceed
inRs brought against Editor Francis
W. Daire, of the Daily Times, of this
city, created atsensatl0n here yester
day afternoon His'testimony was
direct contradiction. of that Of Prose-
cntor Berdine although he was called
as witness for Lawyer Alan II.
Strong who represents the court in
the matter. The proceeding was
brought rs result Of the oflticism of
the Times editoriall3 III the matter of
the fine of $75 iinp0sed upon Alfred
Ooley. AVNs
At the morning session, yesterday,
Prosecutor Berdine testified that the
girl stated to him positively that
Ooley had not assaulted ner, as
charged In the Indictment and that
she only made the charge because
Ooley told her ho had done sos Officer
Huff stated ON the stand on soross-ex-
animation that the girl had told him
positively that on two or three COCA
sions Coley had abused her. Upon be-
ing re- examined BY Lawyer SEfonR
the detective became confused and
stated that the girls father had made
the charge and not the girl. Lawyer
Dixon. for the editor again cross-ox-
amined him and confronted him With.
the stenographer record and the
officer deolaredihe bad made the Stato-
ments credited to him and TINT they
were true as stated, the giii having
stated she had been assaulted By
Ooley.
He declared that the. girls father
could not have made the charge. as
Kavanaugh had inade,several attempts
to speak but each time was silenced
by the prosecutor, WHO declared he
was conducting the examination.
Yesterday afternoon the cross-ex-
animation of Lawyer Robert Adrain.
/ counsel for Colay with LAWYER Joseph
Stricken, was made by Lawyer Dixon.
who brought out the fact that at
conference held ins thas orchard on
Judge Strong place, IL was positive
ly agreed that Coley should enter
plea of non vult with the understand
ing that fine should be imposed. He
was asked two or three times about
this point and was very emphatic in
stating that he understood on ending
the conference that this was the
agreement. He declared that no testi-
mony further than book called the
Bible which had some other family
record, was brought out to tell the
age of the girl and that there was
some dispute as to the last "8'' of the
figures 1882 in this book, the last
figure looking like 80, which would
make the girl over sixteen. The wit.
ness said the court, however, state
| that it looked as If the "8" had
always been an "8" although there
were evidences that some alterations
had been made in the figure. He said
he had been paid 500 as his Zee In the
case. This was $25 more than the
amount of the fine.
He was followed by Lawyer
Stricken, who stated that he had con-
suited with Judge Strong, tho Prose-
outor and Lawyer Adrain at the con-
ference referred to about the case and
that upon the Prosecutor presenting
his facts as he had them and stating
that the girl said she had not been
abused, the Judge suggested that
nolle PROSE- be entered. To this the
prosecutor objected, claiming an as
sault had been committed. He would