The Providence news. (Providence [R.I.]) 1891-1906, 1906-02-06
Has Fighting Counsel Who In
Sists on Technical Points.
S MARTIN W. LITTLETON
Would Not Even Admit HapSo,d Trial Had
Taken Place Until Witness Testified
10 the Fact

New York, Feb. 6-That col. William u.
Mann is going to fight every inch ot
ground in the perjury charge which
Robert J. Collier has brought against him
growing out OF the Hapgood trial was
evidenced yesterday in the proceedings
at the first hearing OF the case before
Justice McAyoy OF tho court OF special
sessions.
Not only did Martin w. Lttleton. Col
Manns new counsel, refuse 10 conceue
Hapgood had ever been on trial uhlii
a was proved by the proper witnesses
but the only witness called. William l..
Daniels. secretary Of the company publish
ing Town Topics. who had been served
with a subpoena duces tecuiu' appeired
without any papers that he had oesh
called upon TO producs
He said that these papers were now III
tho custody of Col. Mann. the defendant.
Mr.. Iittlcton made the point that calling
upon a defendant. directly or indirectly
through employees. TO produce such papers
was equivalent to making him TESTIFY
against himself. which was Illegal
DIDN'T BRING PAPERS.
The papers which the district attorney
l. after are the subscription lists of the
paner They -nneded- in-Ihe- -einrtIn
show that the name OF Count Reginald
Ward appears on the free list as the re-
suit OF Col Mann's alleged 20. h. on
the letter sent by Count Ward to wooster
asking that his name be put on such q
list.
rhis letter followed the turn.sx over Of
stock i'm Count Wards company TO Col.
Mann after Town Topics had had al
unfliendly paragraph I'm regard To Couh'
| Wards doings in London
| col Mann swore at the Hapgood trlal
! that he had not written the 20. Is, w
/ u. NJ that appears on this letter, Where-
as Wooster has sworn that he write II III
! his presence, and Charles Stokes wayne
| has declared that the handwriting Is iha'
| OF Col Mann.
As result OF Daniels failure to pro-
duce the papers called for and his an
swers 10 the questions put to him, ASSIST
ant District Attorney Hart asked that ~
| be adjudged I'm contempt or court
MANY SARCASTIC COMMENTS.
Mr. Ijttleton defended him. but Justice
! McAvov said that he would reserve ms
| decision and announce IT probably at th'
resumption OF the hearing In the aIVer
! noon.
The examination was not allowed to e
| on two minutes scarcely yesterday WIN
out a speech from Mr.. Littleton' IN Whicl
he injected many sarcastic comments Vi
col. Mann, wearing a white tie insteat
of his usual red one pulled his beard an'
nodded approvingly at some or tl'
! speeches. Mr. Collier sat on the opposlt'
| side OF the table in tho judges private
| chambers. and now and then prompted
! Mr. Hart
| Justice McAvoy said in the coorse o
| the proceedings that there were thIe
| things TO be established before MN: Dl'
col Mann write the 30. X" and the In
itials .,W ID. NJ" on the Wooster letter
| III he did. did he wllfully and knowingl,
! swear falsely at the trial that he dldn
| and was the Wooster letter material =
the issue?
WOULD CONC'EDE NOTHING.
Assistant District Attorney Hart eyi
rfr7tfv-rxp~eted that the-FeeeFd-ef-
Hapgood trial would be admitted by con
! sent when the case opened, but MT LII
Teton said that he wouldn't concede any
thing.
lie wouldn't. I'm fact conccde that tn
Judge who presided was Judge until
had been proved by the clerk OF the court
Likewise, the stenographer had to b
sworn and the minutes and record proved
| col Mann and counsel said that OWN
| TO the character of the charge nc dc
clinod 10 enter into any stipulations what
over.
After the stcnographor had read Co
Manu's testimony to the effect that th
writing on the Wooster letter wasn't hi
and part OF Mr.. Wooster's testimony {
the effect that he has seen the colon'
write II and had then taken IL 10 IN
subscription clerk Mr. Liuleton tried I
put the stenographer on the rack In n
attempt to show he hadn't really verihe
the record.
About all he got out OF that was tha
the official stenographer had turned owe
his notes 90 another man who had dicts
ted them 10 various women typewriter
| Finally the record was admitted.