New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-16
FULLY PLACED ON TRIAL.
Justices Testify - City RaiI1cay
Case against Julian Begun.

Edward S. TuIly. an assistant clerk IN the
City Court was placed on trial yesterday before
Chief Clerk Thomas e. Smith. Assistant Cor
poration Counsel W. B. Crowen advised Mr..
Smith and TuIly was represented by Max D.
Steuer. All the justices Of the City Court had
been subp1naed by Mr.. Steuer, and most Of
them were present The charge against Tuly
that he had allowed W. H. TilItnghast to
appear juror IN six cases In which the Net
ropolitan Railway Company was concerned when
his name not on the panel Of Jurors.
After Justice J. H. Mccarthy had testified that
TuIly prepared the list Of jurors and on cross
examination had admitted he was always an
efficient clerk. Chief Justice ODwyer related
how TuIly had been the one who called his at
tention to the fact that a man, representing HIM
self as one Robert Henderson, and who had
been excused from duty, was not really Hender-
son, Later Tilinghast acknowledged he had
fnpersonated Henderson.
Justice O'Dwyer explained that when panel
Of jurors was exhausted in any one part It was
the custom TO send an officer 10 another Part
and obtain other jurors. The only way the clerk
Of Part I would know the men were Jurors
was by the slip they brought from the other
part He, too. spoke highly Of TulIy's character.
After a dispute between counsel as to the
admission Of TiIIinghasts confession, which
Chief Clerk Smith allowed in the case was ad-
journed until 1890 a m tomorrow, when TIL
unghast viii probably testify.
The examination into the charge Of furnishing
false information to a newspaper made by the
New-York City Railway Company against Louis
A Julian. formerly the conpany's chief investi-
gator, was begun yesterday before MAGISTRATE
Wahle in the Tombs police court. James L.
Quackenbush, general attorney for the railway
company. and Marshall B. Clarke, formerly As
sistant District Attorney under Mr. Jerome, ap-
peared for the prosecution. and Julian was rep
resented by A z. Woodruff and Ralph H Hol-
land.
Dr. Wolfred Nelson, house physician at the
Aston House, told of the visit Of a man on Feb
ruary "A who called himself Purdy and said he
was an investigator for the Metropolitan Street
Railway.
7 suspected that the man was ready TO make
improper proposals to me-" said DR.. Nelson land
I showed him the door. He said he came from
the Metropolitan company. which has its Office
across the way from the hotel, at No q Park
Row; that one of the company's physicians had
died recently, and that there vacancy on
the medical staff of the company that he could
be of service in obtaining for me. I was not
seeking such place, and considered the con-
versatiOn Of the man highly improper"
What led you 10 suspect that the motives Of
the man PUrdy were improper" was asked by
counsel for the Metropolitan.
-Four years ago." was the answer, two men
came TO similar mission. They said
( they were from the Metropolitan company"
How did you know they came from the
Metropolitan" asked Mr.. Quackenbush.
They gave me engraved cards and mentioned
the name Of John Graham. at that time head
Of the legal department Of the Metropolitan"
Robert L. Turk, counsel for Mrs keenan,, OF
Saugerties, n. Y, who is suing the railway COM
pany for damages for injuries sustained, took
the witness stand, and, apparently much to the
surprise Of the Company's lawyers, frankly ad-
mitted giving 10 the reporter the story on which
the action against Julian is based. He said:
If there is any libel in the article did II.
I only am 10 blame. l don't want Julian blamed
for anything he is not responsible for"
You have changed your attitude within few
days," sarcasticaIly observed Mr.. Clarke.
NO. 1 haven't" holly replied Mr., Turk II
am telling the truth as I told it TO you a few
days 90"
Magistrate Wahle set down the further hear
ing for April in the West Side court, to per
nit of the attendance Of the reporter who wrote
/ the story complained Of. Mr. Julian asked that
his bond be discharged and he be released on
| parole, but Magistrate Wahle denied the re-
1 quest
/ Supreme Court Justice AIacLean yesterday
/ denied that any relative Of his in any way
/ connected with the Metropolitan Railway Com
pany Regarding Daniel w. Patterson. he said
/ Patterson had merely studied law IN his Office.