New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-20
MORE JURY EXPOSURES
CLERK FULLY on TRIAL.
Counsel Reads Record Sho7cing
Career of TilHnghast.

Evidence Of crooked work in selecting iuries in
the City Court adduced yesterday at the
trial before Chief Clerk Thomas F Smith of
Assistant Clerk Edward G. Tuny TuIly was
facing the accusation that in Nav and Novem-
ber 1900, while clerk Of Part l. he permitted
William H Tfllinghast to sit on six juries trying
cases in which the Metropolitan Street Railway
was defendant.
In an effort to prove that FULLY had done this
nnocently his counsel, Max d. Steuer. read
from the record of Part Ill This showed that
Tillinghast sat in a case on March %, 1900 when
duly impaneed juror. Yet, though not i'm
paneIled he was on juries practically every
court day throughout the month of April and
on two occasions was on two juries in day.
In lve Of these cases the Metropolitan Street
1T was in March 1900, when first called as
juror that Tillnghast met Court Officer Alex
Smith" said Nh Steuer. and his crooked work
began right after I don't want to accuse or
shield any man, only to defend my client Tuily;
but the records here show that l. was in Part
III that Tillinghast began to ot1Ciate as juror
Illegally. ISM II falr TO assume Ihat II was
from this part he sent down to Part l.
where Tully was clerk. to serve on juries when
their panels were exhausted
Mr.. SteUer is counsel for John c. Foley, for
merly clerk Of Part III. who was dismissed last
January by Chief Clerk Smith for Irregularities
and as such has filed notice Of appeal to the
Supreme Court for retTia
After reading this record, I hardly think it
viii be worth while TO go on with the appeal,
said Nj. Steue- significantly.
The records read showed that the first Metro
potar case IL which TilinRhast served was on
April . 1900 The defendant awarded 500
damages In all, I'm the month of April. the
company was defendant IN six cases. and in five
of them Tillnghast was a juror. Though the
plaintiffs usually won, the ward in their favor
was always remarkably small.
During the month of May, 1900, Tillinghast
served in several cases in Part l. Tuly's court
though not impanelled. Then he disappeared
from the scene until October. The records of
the Commissioner of Jurors shows that he was
regularly impaneued in September, 1898: March
1900; February, 1901 CThen he served I'm the
Supreme Court. February. 1902. April. 1903;
Nav 1904 October. 1904. and September, 1909.
In January 1902 when not mpauelled. he sat as
a Juror of Part III of the City Court. This is
Within the statute of limitations and would APP
rear TO leave the open for action by the
district Attorneys office.
AT the opening OF Yesterdays hearing Assist
ant Corporation Counsel W. 3. CrOweH asked
FULLY who is a veteran of the Civil War:
Under what name did you serve in the WARP
Edward AtheTton." was the reply I ran
away from home"
Tully enlisted fO- three years. but after nine
months service was taken from the military
hospital at Alexandria Va. by his father. He
was branded as q deserter until 1889, when
special act of Congress was passed discharPing
him under his name from the 9Ith New
York Volunteers
The defence closed its case yesterday and ON
Thursday at ( .. IN. the Assistant Corporation
Counsel viii prOba bly, call witnesses I'm rebuttal,
John G. Foley among them