The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-28
SEABURY DISCHARGES MCABE
COMES TO JEROME'S VIEW OFTHE
Legal J.iLUE or THE EVIDENCE.
Jury Fixing Inquiry Was About TO BE Sus-
pended by a Writ OF Prohibition When
This Conclusion OF the Case Was Reached
Inquiry About Cleric fully Ended.

t
City Court Justice Seabury decided
yesterday that there was no legal evidence
that Ambrose F. McCabe, assistant attorney
for the New York City Railway Company,
was implicated in any attempt TO bride
jurors In accident suits, and ordered his
immediate discharge from custody. MoCabe
was the recipient Of many congratulations
The discharge came when the complain
ants case against McCabe was all in
McCabe had obtained from Supreme Court
Justice Greenbaum q writ prohibiting the
continuance Of the investigation pending
an inquiry into the circumstances In the
Supreme Court.
But the writ was never served. McCabe
kept Il in his pocket, while his counsel.
! eX-Judge Hatch, moved for an immediate
dismissal Of the charges, and after some
argument his motion was granted. McCabe
did not put in a word in his own defence.
There were three sessions OF the jury
fixing investigation yesterday morning,
afternoon and evening. In the morning
Stanley S. Bagg and William H, Filling
hast were again examined. Bagg denied
that he had ever had any dealings with
) TiIlinghast or that McCabe had given him
ilOLtN W pay lllllRLhSI lOl 70 ' llle do
juror In the company's interest.
Tillinghast, who was brought from
Blaokwell's Island, where he is serving a
years sentence in the penitentiary on his
own confession that he personated a
Juror, contradicted Bagg. and stuck to
his confession" He said that Bagg used
to bring him the money and that he knew
McCabe by sight. Though he had served
in siyty-seven cases. he said, McCabe had
never challenged him. THIS created a
laugh.
T~illinghast also aid that Henry Meter, a
Metropolitan investigator, had paid him
money for serving. On cross-examination
Tillinghast admitted that in 1865 he served
a term in Joliet Prison, Illinois, for forgery.
He is So years old
Henry Meter was called at the afternoon
session. and he denied ever having seen
Tillinghast until he came to court yesterday.
He said he had never paid any money to
anybody for having served as a juror.
The prosecution rested with Netter's tes-
timony, and then ex-Judge Hatch moved to
dismiss Judge Seabury said that he I'M
derstood the statute TO provide that the ac-
cused at a magisterial investigation should
either make a statement or waive his right
to do 40 before any disposal was made Of
the charges. Mr.. Hatch replied that in his
view the accused could move to dismiss on
the c~omplainant's testimony alone. DE de-
clared that in all the evidence adduced there
was not q scintilla OF proof attacking
McCabe, and that there was not even legal
proof that a crime had been committed.
Nothing in the testimony of either Julian,
Tillinghast or Bagg, said Hatch. showed
that McCabe had ever paid, directly or in
directly, money to Tillinghast for any our
pose,
That the character of an honorable man,
one who has borne an enviable reputation
in the community, should he blackened by
such vermin as these witnesses is an out
rage" said Hatch, but even giving full
weight to everything they have testified to
| there is not a particle Of proof against him.
on the other hand there is indubitable testi-
mony that he could not have committed the
specific offence alleged here, for Bagg has
sworn that on the very day when Julian says
he overheard McCabe tell Bagg to pay I'll
linghast $40, he. Bagg, was at Morris Park
attending all day to a horse Of his that was
| entered in a race, and was not at the Metro
politan offices all day"
We ask confidently for Mr.. McCabe's
discharge" concluded Hatch after some
more argument.
Justice Seabury remarked that he had
understood from a private conversation
with Mr.. Hatch tha McCabe was willing
to 20 on with his defence, pending a decision
Oh "a W i'hiit1 hhNN Nh"h' ~ =" a''AN
he was TO remain in the nominal custody
of his counsel. Judge Hatch replied that
after consultation with MoCabe he had
decided to withdraw this proposal, and
must insist on an immediate decision.
Justice Seabury said that in that case, it
being a natter of right, he was prepared
to give an immediate decision, and after a
little more parley he said:
1T seems to me that there is not sufficient
evidence here to Justify me in holding the
-..n Co. tho Nv nd IiT+u II il trtn
that the evidence of Julian is not discredited,
although Bagg denies it, for Bagg previously
confessed TO its truth; but the inability OF
Tillin ghast to fix the exact time and the in
defniteness of Julian or other material
points. convince me that there is no legal
proof that McCabe ever bribed or offered
to bride Tllinghast on Nav Il, 1904.
an view OF these facts and on this testi-
mony. I find that there is no legal or compe-
tent proof sufficient to connect the accused
with the crime alleged in the information
nor is there sufficient proof that a crime
was committed. These are my views,
based on the circumstances and facts as
find them on this investigation, and there
| fore | order the defendants discharge
and will indorse the commitment on which
he is held TO that effect"
Assistant District Attorney Kresel came
into the court room during the day with
some papers which lie had been subppnaed
to produce. He was asked if Mr.. Jerome
was ROIlR W Gil NIV NdNt' Us nt u
withdrawn from it on Monday, after de-
ella ring that the proceedings were such as
he had never witnessed in his career,
No" said Kresel with a smile, we're
still on strike.
IT was the general sentiment that Jerome's
action had been indicated by the result,
as he had held a similar investigation him
! self in October last, at which he got the
testimony of Julian. Bagg and ~Tillinghast
and decided that there was no proof on
which to submit a case to the Grand Jury.
Tom Smith, chief clerk of the City Court,
closed yesterday his investigation into the
charges against Edward c. Tully, one Of
the clerks, who is accused of calling Tilling-
hast as a juror in a Metropolitan accident
suit when his name was not on the panel.
The testimony taken showed that Till
inRhast served as q juror in several cases,
some of them in Tully's part, but Tully
denied knowing that the man was in the
company's employ. Clerk Smith reserved
decision saying:
Il have made up my mind to one thing,
that Tully is going to get the benefit OF
every doubt.
ROBBED AT PISTOLS POINT.