New-York tribune., 1906-05-26
GAMBLER IN COURI.
DeIahunty's Suit May Reve0I Names
of Wealthy Patrons.

The trial of a suit brought by John Delahunty
against Richard A. Garfield, to recover $i0Vo aliese
10 he due for legal services in 1892 1898 anu ISV
hepan Yesterday in the Supreme Court. before JUS
,i.a ceu,t,rper after Justice Dowling had asked
IA he excused from hearing the case Jusuce Do"i.
ing was a State Senator in the years nle"lIoile"
and 1yas the author of the amendment 10 tHe Naili
I,Ii,, act under which Garfield was later Obliged 10
plead guilty. , o,,,,eeI
for several years when Garfield was being ainoytu
Inv District Attorney Jerome. HIS claim Iol 's'OVV
is based partly on his collection of gampihs ueDtS
Of rich and well known men VINO lost money ="
Canneld.s house in 44th street, next door 10 Dei-
monico's and partly on his services III Pro.eotiNe
CanfieId's interests while Garfield was III Iuiop ,
II is expected that in the trial of the SUIT thete
will be disclosed the names OF many OF Oai''eiN
former patrons In this city, with the sums they "s'
in gambling at the 44th street house.
Mr. Delahunty sat with his counsel Edmuhu L.
,1o,,a,. Irlorence sullivan and Solomon Hanford
nj the beginning of the trial yesterday Wh'le AN
field who was in court, was supported os ~ ~ >
Gordon Battle and J. SnOwden Marshali. a jury ~
try the case was selected without dlihcuIS, az
some significant questions had been asAeu ~ ''''
lawyers x,,o
DO any Of you gentlemen know f A. Wasser-
man or his brother Jesse Wasserman' SUCK -
change brokers' or Jacob A. Field, H. ArcIlio III ~
PelI, Mortimer Schiff, Alfred Bostwck MT nam II
ness, whose first name / don't know OF o. -
Waterbury?' asked Mr.. Mooney.
The twelve talesmen in the box all salu ny ",
did5't know any of The persons named ana NJ
Mooney then inquired if they knew Jesse i-e"'
sohn with the same result
Suppose a lawyer is called into a case OF very
GREAT Importance and is to get o per cent Of the
amount involved aud that his share comes TO
s3o an0 Do YOU think lie can earn that sum III one
day?" was Mr. Moneys next question.
The jurors agreed that lawyer could earn such
a sum I'm day.
..suppose that a lawyer has charge of property
valued at Sl,mOG0O which is in danger oi oei"s
carried away; would you think that Ao"" Is 700
high q fee for him for saving that properly ne
client being absent in Europe anu '.e -
having tull responsibility for tAe p'o'e0''0 "
that nroperty2' asked Mr.. Mooney.
The Jurors again agreed that the fee could De
earned l,a.,,
Have any Of you ever heard that MI Caline,p iI
was suspected of gambling asked Mr. MarSnai'
Not himself" replied one OF the JuIo''' o'''''''e
the others to smile.
We'll. he pleaded guilty TO keeping eailloi'"s
house, said Canneld's counsel Have you any
prejudice against him when lie is sued by law
yer?'
The Jurors solemnly assured Mr. Marshall that
they without prejudice
Mr. Mooney then opened the for Mr.. Della
hunty lie told of the raid on Canhed's gambling
house In 1902 by District Attorney Jerome and the
police mentioning that Mr. Delahunty was with
Garfield in the house when the police broke in lie
told Of the defence of Canfeld's manager, David
Bucklin by Mr.. Delahunty, and of the suits which
ages.
Mr. CanAeld desired to preserve his prestige"
said Mr.. Mooney.
His prestige as a gambler" interpolated Juror
No 10
Yes" said Mr. Mooney. he had been making,
according to his own statement $4,000 year. and
he did enjoy this interference by the District
Attorney and the police
Mr. Mooney said that when Garfield went abroad
he left all his interests in the care OF Mr.. Della
hunty. He added
Mr., Jerome got busy and issued an order direct
ing that Cantield's property books and papers de-
Should be brought to his ONCE There were in the
vault a million dollars worth of securities,
them being three notes for 100000 each given
by very prominent member OF society, to say
nothing OF notes from 100000 down.
- MI 8 Re9nnnfy anu b, ana & hT B9ckn. c IN IN whose name
na from 'he sv y2G aTo and t9G them to New Jersey
there. Bucklin went over Jersey City to get
some Of the papers and was arrested on leaving
et an9thR 2g Because MI Ddany heXS dfa se
n e 6S sn both J 6 bs @ a & SDeT Unit NTH BgGk
handed the papers over to this man, who escaped
Mr. Mooney said that Bucklin Aed TO escape trial
while Garfield was in Europe, but Mr. Delahunty
obtained change of and had the trial ad-
journed. Mr.. Delahunty also met Garfield on his
return from Europe and kept him out OF Jail while
obtaining change Of venue. Speaking of the
change OF the place OF trial for Garfield, Mr.
Mooney said:
I don't know much about Broome County but
do know that Binghamton is there, and in Bing-
hamton had several friends. Former Senator
John =. StanChhcld lifelong friend Mr. Della
hUnty. lived there; Colonel Dunn, the chairman OF
the Republican State Committee. lived there. and
there were others.
Mr. Mooney said that the result of Mr. Della
huntys management that the indictment
against Canfield dismissed. and when Garfield
walked out of the court free man he did not even
thank Mr. Delahunty and declined to pay in full
the fees OF eminent lawyers who had been re-
tanned in tho EX-Justce Iursman Mr.
Mooney said a bill for $1,000, but accepted
$500 rather than for the whole amount. Can
field refused to pay Mr. Delahunty either for
his services in the criminal proceedings or for
collecting bad debts. He wrote to Mr. Delahunty
threatening to make a complaint to the Bar AS
sociation. Mr. Delahunty promptly offered to let
the Bar Association decide the justice of his claims
and at the same time offered to tear up all the
papers which Mr.. Canfeld might not want to have
made public
''Canfeld did not avail himself OF Mr. Delahuntv.s
offer" Mr. Mooney said. we will submit Mr.
Delahunty's temized bill to you gentlemen"
Mr.. Mooney said there was an agreement that
Mr.. Delahunty should receive Is per cent OF the
notes he collected from debtors who had refused
debts, and Mr.. Delahunty had collected $40 40
from the man who gave notes to Canfield in the
OF $}000
The case will be continued before Justice New
burger on Monday.
P. R. R. COMMITTEE ORGANIZES.