New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-27
JEROME In A HUFF.
LEAVES M'CABE TRIAL.
Hearing Resolves Into Hearing
of Legal SquabbleS.

q
( chickering's District Attorney Jerome yesterday
apparently threw up the prosecution Of Ambrose
F. McCabe, a lawyer employed by the Metropol-
itan Street Railway Company, who is charged
with bribing a juror in a case in which the rail-
road company was defendant.
There had been difficulty upon difficulty from
the opening Of the session in Part II of the City
Court, where Justice Seabury sat as q magis-
trate McCabe was accused specifically Of Civ
ing $40 to w. H. Tillinghast, juror who has
since turned informer in the Eichenbod case.
Justice Seabury had allowed considerable lati-
tude both to ex-Justice Hatch, who appeared for
McCabe, and to Henry NJ. Stevenson, who ap-
peared for Louis e. Julian, the complaining wit
ness But ex-Justice Hatch wanted to confine
the questioning specifically to the charge, while
Justice Seabury was anxious that all light pos
sible should be let in
Stanley S. Bagg, a former investigator or the
Metropolitan, was the witness on the stand
He had been missing for some time, but recently
the District Attorney announced that he could
put his hand on him at any moment
Bagg told an extraordinary story. He adj
mitted that a statament he had made last Oc-
tober TO Assistant District Attorney Smythe in
which he had accused McCabe Of bribing jurors
was a lie from beginning to end. He had done
this. he said at Julian's instigation for fear OF
prosecution, although under cross-examination
he svvore he had committed no crime and had
nothing to fear The man made pitiful ex-
hibitOn on the stand
1t was while Justice Seabury was questioning
Bagg that the climax came. Ex-Justice Hatch
objected to the court questioning the witness on
cases other than the Eichenbrod case. Justice
seabury persisted. Ex-Justice Hatch got in
dignant. Then the District Attorney interviewed
Il think 7 can straighten out this seeming
misunderstanding" he said, and practically told
the court that ex-Justice Hatchs contention
was right Still Justice Seabury stuck TO his
point. and the District Attorney literally threw
up his hands.
Il don't know where I am" he said, and sat
down.
A moment later James L. Quackenbush, the
head Of the New York Street Railway Company's
legal department, who had objected earlier when
the name Of another Of the cOmpany's lawyers
had been brought into the case, again jumped
up and demanded TO be allowed to appear Ito
protect the interests Of the Metropolitan" JUS
tice Seabury wouldn't permit It.
Then Mr. Quackenbush wanted the proceed
ings halted until he got a writ Of prohibition
from the Supreme Court stopping the examina-
ton This was also denied. Counsel assever-
ated that he was anxious to help the court ell he
could
You can aid the court materially # you will
produce the vouchers Of payments in the Eichen-
hod, Lowenbein and Flannery cases." replied
Justice Seabury.
Those vouchers are destroyed after one year."
lnterposed the District Attorney.
That's the Metropolitan Company story, but
there's no proof before the court" said Justice
Seabury.
Mr.. Jerome grabbed his hat and coat angrily.
AS long as have practised I have tried to
we theaat I'VE have Mr.. Quackenbushs word
for what I say, and Mr.. Quackenbush is a gem
Uemani hsword should be taken"
Il do not care to be lectured by you" sail
Justice Seabury quickly. IF you wish you may
withdraw"
The District Attorne and his assistant Mr.
Kressel. then left the cort.
The first witness called was Louis +. Julian,
who identified his affidavit on which proceedings
were begun against McCabe. The District At
torney rested the prosecution right there Then
ST. Justin Hatch submitted the witness to a
searching crosse examination, attacking his cred
Utility by attempting to show that Julian's
character was not altogether spotless Witness
withstood the attack very we'll, though Lawyer
Stevenson had TO come to his rescue at times.
McCabe, the accused, prompted Judge Hatch in
his questions ana q great many or the Metro
politan counsel watshed with interest.
Julian admitted that he had freQuented race
tracks for fifteen years and bet the races.
He also acknowledged to trouble over some
drafts He denied he ever threatened to get
even with McCabe for his discharge from the
metropolitan and insisted he had left the COM
pany Of his own accord.
Julian said that after he had told what he
knew to Assistant District Attorney Smyth and
the latter had also heard Bagg's story, he had
said he had enough testimony TO convict.
Julian told Of an affidavit he had made which
was laid before the Ways and Means Committee
at Albany, nd A. Edward Woodruff, who is
JuEan's personal counsel, produced it,
Bagg was then called by Mr.. Jerome, who
said he produced the witness at the request Of
Justice Seabury. Lawyer Stevenson subjected
him TO gruelling examination, in which he de-
MED all the statements he had originally made
It difficult to distinguish which OF his
stories he meant 20 be accepted as truth and
which he meant were false
We'll, are you telling the truth now2' once
asked Justice Seabury, in disgust.
The hearing viii be continued to-day at 10
a. m Tillinghast, the informer was in court
yesterday and will probably be called to tell of
his alleged bribing to-day.
Hhe fact that William II. Tillinghast was a
juror during the trial Of action brought bv
Mrs. Elite Eichner against the Metropolitan
Street Railway Company which was tried in
Trial Term Part of the Supreme Court in
May, 1902, and which resulted in a verdict in
favor Of the company, was made the ground for
an application 70 Justice Clinch, in the Supreme
Court, for a new trial yesterday.
+. II. HardenbrOok, counsel for Mrs Eichner
contended that as Tillinghast had confessed he
had been in the employ Of the METROPOLITAN
Street Railway as professional juror, the judg-
ment in favor OF the corporal ton should be SET
aside and a new trial granted.
Justice Clinch said he did not think the mo-
ton could be sustained, but took the papers and
reserved decision.
MADE A COUNT BY TELEPHONE.
one Of Herr Won Bdlow's principal achieve