The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-02
VANDERBILT COUNSEL CALLED
nm, mO nm CIVFIFID t0fpS
JNVTD ~ NJ INIIN'S

90, Itate ~ Testify ~ WhiefI fte Was
I'D, ,telp ths az H,hieVs tsrspe fFtega
r Interesting faaa concerning tho
.srnrr-s undsf witch . certain youth
,. strr notcs In favor ~ Richard \
......I tgf tWuUo verp brought rut
..I,t M tho cfoss - saminatlon ~ David
p. ..nu. rnnGcti'a anaEe NJ the vs.
....u ~ th~ tfial tcforr supreme Court
.... Nrylutrcr and q Jury ~ the Urla
r... .uf fpr payment fos legal and ,ther
,ly tho most Interesting thing was
n.,t nr youth signed the nu'es In Bucklln's
.,u u.nc NJ tho Schuyler apart mcnts, ~
v.t Forty .Rfth atrrrt and not at the gam.
t..r nut.r u, = Fast Fort v -fourth street A.
,n.p - ho has known u great deal, though
r., al a, OFT Can0eld's affairs said yerter.
J,,. fnil showed that cit her tho debt which
wadc rhc notes necessary was incurred In a
r..-, ~ hcr han CanReld's, hut over Witch
,, latter exercised complete control, or
pI-o. 49, would seem more likely. tho Can
Gold rontention that his Fort y-fourth street
b,i-c had been closed the day jerome
,.ot office. January /. 1907, was false.
BuckIin testified that The notes were made
olt in November, 1902. And the circum-
stance hat they we're made out In his apart
merts led men who knew sonnet hing OF tho
CanheId- Bucklin ways to suggest that the
Young man was kindly put to bed In Buck
Inns home and when he Rwoke found the
notes ready for his signature.
And il that be true, " this man remarked.
1T l. little wonder that the young man Sub
seuiently refused to pay, but to avoid pos
sible scandal, or worse. compromised on q
PAYMENT Of $3.50. 900 in cash"
Another development was that after the
Bowling bill. compelling gambling wit
nesses to testify. out guaranteeing them
immunity, was passed, Buoklin and Garfield
made a secret deal with the District Attorney
nv which they provided the evidence on
which they were convicted, on the promise
that Jerome would use all his efforts to get
them of with a fine Of $1,000 instead OF
Imprisonment.
MAY CALL JEROME.
1t Is quite possible that Jerome may be
called as a witness by Delahunty. Garfield
Ia trying to show that Delahunty knew Of
certain offers from Jerome by which the
gamblers could escape Jail by pleading
guilty at any time prior to their indictment,
and failed to convey these offers to his
clients. 1t was pretty well established
Yesterday that Garfield knew all about these
offers and rejected them as impossible.
But Delahunty's counsel, Edmund l..
Mooney, is determined to establish the truth
Of this beyond a doubt and may call Mr..
Jerome.
vANDERBILT's COUNSEL CALLED.
The identity Of the youth who made the
three notes for 500 900 each was placed
almost beyond a doubt yesterday, when
John L. Wilkie, of Gould d Wilkie, the per-
sonal counsel Of Reginald c. Vanderbilt,
was called to the stand as the last witness OF
the day.
The calling of Mr.. Wilkie was probably
the most extraordinary proceeding that has
yet occurred in the trial. Mr.. Mooney was
so thunderstrdck by this Garfield move
that he declined to ask Mr.. Wilkie a single
question, and declared that the admission
Of such testimony was sufficient to make
a reversal positive.
Mr.. Wilkie, looking very glum and TESTIFY
ing in a low tone. said that he was one Of the
ItlHlIldl COuirci VI yin BoAAhSihoH va"
made the three sIOO, 900 notes. He remem-
bered having a conversation with Della
hunty and his client on the night OF February
10, 1903, and the handing over to Delahunty
Of 100000.
H. Snowden Marshall, of Battle & Mar
shall, Canfeld's counsel, then asked Wilkie
whether he had made a statement to both
sides in the case, as to his knowledge OF the
eVents c,,rro,ndinU that Daympnt.
Before he could answer Mr., Mooney OBJ
jected, and emphasized his objection by a
threat.
If this matter ia gone into any further"
he said, Il shall go into the whole affair
from first to last. i have consented, for
Mr.. Canfeld's sake and for that Of other
persons, to have the names of third parties
omitted from these records, but if am going
TO he put in the position of having to refute
the testimony of counsel for one q these
third PARTIES, l shall throw the light Of day
upon everything which 1t is here sought to
conceal. | never saw Mr.. Wilkie, he never
made any statement to me, and l do not pro-
pose to be bound in my cross-examinations
by any such statement
Justice Newburger refused to allow the
question or the statement, and then Mr..
Marshall put q question to Wilkie which
brought out that he had been ~subp9naeo by
the Garfield side.
d you or will you claim any privilege
Mr.. Marshall asked then, cor contract
by which you will refuse to testify concern
ing the facts and circumstances attending
on the payment Of the $13o,00O.i'
STICKS TO AGREEMENT WITH ~DELAHUNTY.
4 do answered Wilkie. Il claim a
special contract or agreement between Mr..
Delahunty and myself, by which we bound
ourselves to divulge nothing about this
affair under any circumstances, and I in
sst on the performance Of that contract
This is certainly the most extraordinary
proceeding, your Honor exclaimed MIR.
Mooney, that I have ever seen in the course
of a trial"
Proceed, said the Court.
Then if l were to say" added Mr.. Mar
shail' half qpologetically, that 1 only
wish to ask you about the conversation
that you had with Mr.. Delahunty concern
ing the fee to be paid, or rather the amount
oil the compromise, would you anwser?'