The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-05

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staatl yesterday nv the Hfa' time N ~
| NE and mseasai w. seii ihsi sven NJ rVvfs
sssplps s,lsritsed thsi he tsd hreH = fust
wltnpsa fos hinisrlf
teeGrlI suti isres " tilu,rur wefe ihe
oNlv sitHrsaes ~ tho NV ~ NO rtt'ih,in
tun n tho frnl hofrfr supreme count
ltsfle~ VswNuf anr ant y infv ~ w" stut
brought wv iahn fNlahtNiv aeHiiat taH
Hsl,t faf leral and uflwf services feNfrret
Nv tanaesi aftef tho fswUus ietntn" u'hl
or firramtet ? lgp
a. CtoaetI testified. Deitrthiv eaa for
hftern vutrs his refsrnAi ff"nd ~ trN
a. hia atiofhev tbe failur" " tnnneid
w. rav ilria hun'V tho th0 mn y whirh
f~rishunty wants 10 Tho cauae ~ tho s'ht
taoBeld'a examination. both cfuts and
diree, 10 vrlorsd arvernl things lie teati.
nod tha, hr knrw ~ ai,rui tho intended
Jerome raid several hours before u hap.
p~nsd In fact, hr may ha W known ~ "
twapty four hours bcfore " h%app~uad,
for he came M from Pfoyidence that very
DAY on very urgent business
Garfield alao testified that he and Ierorns
had Rad y conversation about the story
os "A drunken kid. who vas reported TO
Ina W. lost = great deal ~ money ~ Cam
nsld' New York house Canneld denied
| that there was any drunken kid episode
In that houae and said that Jerome Know
that such was the case
The three siOn. oon notes, made IN Can
aeld'a favor nv u youth who had been
--- A. - n.....LI a. EunIaNhllN VRgo
made. according 10 Garfield, after tho
youth had reached his majority. ana Gov
cred the Young mans dealings with Cam
field for two years previous TO Dec''nber'
iaOq. Much OF the money represented by
these notes was loaned by Garfield to the
young man and three quarters OF the debt.
according TO his testimony, was incurred
at Conaeld's Newport place.
Another thing that developed from Can
fields testimony was that he never telt any
fear that he would go 10 Jail, even though he
had been convicted and sentenced to serve
ak months for gambling in Rhode Island
many years before the Jerome raid.
Jerome. he says, promised him, II he would
plead guilty the minimum fine, s25, but he
did not accept that. and. as he testified. was
only worried about the fate Of his manager
Bucklin, Who might have been sent to jail.
About the Bowling bill Garfield ex-
pressed himself in very plain terms, he
said that he considered II direct legislation
against himself personally, and for that
reason pernicious legislation, not 10 say
persecution,
INEFFECTIVE SPEECH AT THE JUDGE.
Edmund l.. Mooney, counsel for Della
hunty, began a series Of questions to de-
termine the truth of Canield's statement
that he had absolutely quit forever the
gambling business on December 81. 1901.
the eve Of Jerome's taking office as District
Attorney. MIR. Mooney asked him speci1-
ca lly what his business was to-day. Garfield
said that he was engaged in various COM
mercial enterprises. Then Mr.. Mooney
asked him what had been his business in
1904 and in 1905.
Justice Newburger ruled very closely on
all these questions, and sometimes without
| objection from Canfield's counse declined
to permit the questions. Mr.. Mooney took
exception and tried to put his questions In
such form that they could not be objected to.
When Justice Newburger absolutely re-
fused to allow him to examine Garfield con-
corning the ~latter's business of last year.
Mr.. Mooney addressed the Court, saying:
NV cross-examination has now reached
a point where l must protest against the
Courts ruling in this manner. There
fore, | now claim my right, as a counsellor
of this court, to question this mar con-
corning his business within the past two
wears. [ insist that 1 have a right to ask
the questions that l nave put to him con-
corning his business and that the Court
has no right to protect him from answering
such questions. He must decide for him
self whether or not he shall answer, and
must take the ground that it will either
incriminate or degrade him.. II the Court
is to step in at this iuncture and protect
him from such answers then the rights
of my client are not being protected.
Therefore, I claim it as a right for my
client and for myself to demand what this
mans business has been during the past
two years, on the question Of his credi-
bility, as / do not believe what he has
stated heretofore. He alone can testify
on this matter and l must again repeat
my insistence to the Cour that the ex-
clusion of such questions extends a shield
! over the defendant and deprives the plain
tiff Of his legal rights
Justice Newburger turned quite pale
during this speech, but declined to change
his previous ruling, and Mr.. Mooney was
compelled to drop that line of questioning,
R COLLECTORS COLLECTOR.
Garfield wore a dark blue serge suit,
and not a trace of jewelry, as he took the
stand. He chewed some cough lozenges
industriously. He said that he had been
friendly with Delahunty for fifteen years,
and until recently they had been very warm
friends, so much so that he had even made
| Delahunty his executor.
He testified that he had once agreed
TO pay Delahunty rs per cent. on the collec.
ton OF a note made by a man called
Breckenridge. but that Delahunty had failed
to make the collection. In other cases
he had offered him special inducements
TO collect such notes, but had never con-
tracted with him to pay always rs per cent.
Coming down specifically to the three
500, 900 notes. he said that he had CON-
sidered Delahunty's services in that matter
settled by the payment Of $40 900 to the
lawyer by Buckin, of which 5000 went
in payment Of certain notes held by Can
field against Delahunty.
Garfield said that he had never asked
Delahunty to make this particular COL
lection, nor had he ever pressed for the
collection of the notes. All the offers for