The sun., 1906-02-24
HOT TALK AT POLICE TRIAL,
fI4ICHE CASE DRAGGED IN AT
HEARING OF CODY CHARGE.
pcnqsed Patrolman Faints-7,stenorrap apher
or His L'wyer H Ordered Out and the
LAWYER Himself IA Stornled At--Bing.
ham and Mack Both Get Excited.

M trial at Police Headquarters yesterday Of
P.'rolrnan Edward 7 Cody who was
e+rligned ostensihIv for telling a lie that
fsJ some r.arAg on the trial of Berthe
ila.:he Tor the murder of Emil Ge,dron
Fe tainted within ten minutes of the time
~ vas arrairne1 before Commissioner
Prreh4m
Later in the day there was stormy scene
vhan his LAWYER attempted t, whisper TO
vrnAss 10 caution him as 70 his rights and
e-N later a stenographer employed by
Cadvs counsel vas put out OF court Time
ma gam Commissioner Bingham tried to
crnfnA the case 70 the one fact whether
Caiv rad TOLD a lie but at other times he
a.!7wad 20 much latitude in the ques tioning
that tadv was lott sight Of and i. seemed
g. 4 part of the Claiche murder trial vas
bong heard
Inc District Attorneys Office was repre-
,A.-a3 b. Assistant District Attorney Ely,
VI, figures in the Claiche prosecution He
vas there Commies ioner Bingham an
bounced as prosecuting attorney on behalf
ot he Police Commissioner. It seemed
that Mr. Ely vas on hand to get new
ne N the Claiche case, The report in the
bonding was that It was either to show
rha, the POLICE took 500 from Gerdron
after the murder or that policeman friend
~. the Claiche girl had instigated and posi-
Nv had participated in the murder to
s.enge the alrl Fxsctlv what Codv's lie
TAD y do with 1t all was not explained
Co1v. II is alleged. said to two other
ra-!omen B,iafer and. Marneau that
b. had heard that "Morton's French woman
10 The Tomhs was squealng like a pig,
that he had tipped off Morton and that
Moron had said it was not SO because he
hai had letters from her and he knew II
n be false Cody was charged with having
Denied az the District Attorneys office
early In February that he had said such
things Morton" Is Patrolman Henry
Morton.
Cody pleaded rot guilty. Thomas ".
Churchill Of the law firm Of Osborne Hess
d Churchill was there TO represent him.
Mr Ely had Bilafer and Msrtineau stand
tesiGe Cody They identified one another.
Ilr Ely started in to examine Cody. He
ma lie Cody say that he knew of no reason
phv Bl4fer and Martineau should wish to
injure him or lie about him. Then he asked
(niv if he made the statements about Nor
tons French woman Cody said he did
To- bu, admitted meeting each of the
other policemen on the occasions when It is
charged that he made the statement. Then
". Elv rested and Mr.. Churchill started
y. sody's side TO talk to him
tody had been gulplng hard. His neck
rr.tched and pallor spread over his face.
Ee began to speak to Mr.. Churchill, but
all he could say was that he felt sick. His
eve; became fixed, his head began TO drop.
,and gradually his knees sank. By tre-
,nendois effort he kept Ill an upright posi-
non and Just as he began TO sway for a
fall half dozen men rea ched him and he
trppled over.
Police Surgeon NJ Govern reported that
the man would nor be ready to testify gain
for half an hour. He said the case re-
esmbled an epilentlc attack, but that Cody
was the victim of nervous fright
Commissioner Bingham adjourned the
rsse until 2 clock but 1t was 3 before il
rame on again. Meantime 1t was said
that Cody had had another falnting spe H.
Commissioner Bingham ordered him placed
III an easN char. He seemed like man in
& semi-stupor most Of the time.
As soon as the afternoon session was
opened Mr. Churchill objected formally
= the presence Of Mr. Ely as prosecutor.
Then he demanded an adjournment on
faction vas that Commissioner Bingham
was prejudiced in the case, The Com
missioner overruled all three
You are hurting this mans case IN charg.
lng pre,udice against the couIt; sald
Stenographer, put that down.! shouted
Churchill
The stenographer will not, put that
down Eow dare you give orders to the
s.enogTap pher what 70 do'" said Mack.
have my own stenogra pheT, said
Pem3ve him shouted Mack, Where
e he Let him stand up
he steaographec stood mp
What night lsve you to be here SAID
Mack "Leave this room at once" The
man rent out as several policemen started
toward h!m.
Then Bilafer was sworn He told his,
a'ory IN few words. and c Churchlll started
in 70 c,oss examine. Several times the Com
rIss! !oner exclaimed. All that there Is 70
H.: use Is TINS Did cody say or did he
NOT :ly hose thlngs?'
Then GeIdron,'s name was dragged IN
h"tn4gchiil and all the others protested.
Churchill! asked to have the cross ,eH6r-
ts polnt although Mr. Mack said it was
arrays dangerous thing to allow snch
N4ttnesu followed and told his story,
sk9 Craiv He explained how he came to
tel AIr Fly what Cody has SAID They we're
io"ss caring the Claiche case When the
vtuans name came out more wrangllng
y ..TlFt1.
Tbs crnss-examlna-ion was also put of
and t!y susgested that Morton be broughtln'
H. vas the man who arres led Gerdron for
he2'lag Berthe Claiche and was with Ger,
d!tn when the woman killed him. He sald
'na' Re- had visited the woman every other
DAY t-I long time. probably fifty, times
H sad his poiics duties required HIM to
VS. The establishment where she lived.
He It'd hcw he got her. through q sister;
T. keep tabs on fierdron 81 that he could
aTasr him. and tried to Justify an arrest
toI 4 .nlsdemeanor without warrant Then
'aECA.I' came to the front.
"! Commissioner. he said, did you
r. ,ay thatithis was a question as to what
'qy ;ald OF did not say? ] protest
his : totally different matter said
ire Commissioner
Then It amounts to,this, said Churchill.
| c4nt ask these cross examining ques-
tons > find out the truth, but Mr.. Ely can
las man Morton l. not my client, hu'
think he ought TO he warned that any
th.ag r nav say here will he used against
hs.
WIN that Churchill stepped over 10
H2rtols side to whisper to him
Here. stop that" shouted Mr.. Mack
1alve- thnt lope don't taIF m