Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-12
HARD HITS At 0DELL
Alleged Lunatic Hurled Some
POSerS at Former Governor.
Ex:B0SS IS. G0OD-NATURED
Responded to Questions About His De-
feat With Smile.
TWO JUSTICES WERE EXAMINED
Judge Truax Allowed the Man Great
Latitude in His Queries-Ref-
ere1ce to Marshall.

tracteo TO the supreme court yesterday by
the announcement that ex-Gov. Odell would
be witness before Justice Truax in the
habeas corpus proceedings instituted by
Edward ]. Russell, patient in the Dame
mora Asylum for the Criminal Insane, was
rewarded by hearing a most extraordinary
cross-examination of the ex-political leader
by Russell.
Throughout the hearing the insane man
has been allowed the greatest latitude by
Justice Truax. and, although the justice
has frequently admonished him. he has
permitted him to attempt to prove asser-
lions made by him of gigantic conspiracy
conceived by Mr.. Odell to keep him in the
insane asylum.
District Attorney Clarke of Brooklyn,
who represented the state, declared he de-
sired that All that Russell had to say might
be spread on the record, that the case
might be settled for all time The man
himself has been before the supreme court
on three previous occasions in an attempt
to regain his liberty, and each time he has
been returned to an asylum. Justice Truax
did not interfere with Russell's conduct Of
his case, and save for an occasional side
long glance at Mr.. Odell when particu-
larly sharp question was asked, gave no in
dication that he was interested in the tes-
timony.
Odell Second Witness.
1uI. OOcll was lue SECOND Witness exam
ined. He declined to be sworn. and af-
firmed that his testimony would be true.
What were your relations with Superin-
tendent Of Prisons Collins? was the first
question Russell asked him.
None, save that 1 was the governor of
the state, and he was superintendent of a
department of the government" was the
reply.
Q.-What were your relations with Frank
=.
Friendly, that was all.
Q.-What caused your defeat in December
last?
II object" said Mr.. Clarke. 81 do not
see why Mr.. Odell should be subject to
an insulting examination at the hands Of
this insane man when the question has
nothing to do with this case"
Why should you object?" asked JUS
tice Truax. Don't you see that this an
swer may be very interestingly
There was laugh at this, but it sub
on the desk. Mr.. Odelrs face bore good
humored smile.
II propose to show, Z" said Russell, that
I was the cause of the defeat of this man.
l gave the Information to the republican
leaders that caused Mr. Roosevelt and
other honest men in the republican party to
demand his retirement from political lead
erShp."
please be decent" said Mr.. Clarke,
grasping Russelfs arm, the guards who
brought him from the State Hospital and
two court attendants moved near. Stand
back and behave yourself; you are not do
ing your case any good"
Stand back?' retorted Russell. 81 am
conducting my case as a lawyer should
do. 1 am decent" Then turning to Justice
Truax, he said: Il ask your honor to re-
member the great judges who have sat
upon the bench. Chief Justice Marshall
would never allow me to be gagged
Withdrew Objection.
What has the question to do with your
sanity?" inquired Justice Truax.
Il expect to prove that l defeated this
man"
Thereupon Mr.. Clarke withdrew his OBJ
lection and Russell repeated his question.
Q.-Tell the court why you were defeat
ed. Al expect it was because 1 did not
have enough votes.
Q-Didn't Senator Bracket spurn you in
the meeting? A.-No
Q.-Dont you know that William R.
Hearst has full record of your crimes and
political iniqutieS? Al don't know any
thing of the kind.
Again Mr.. Clarke objected to this line of
questioning, and Russell responded in a
speech to the court in which he compared
himself to Dreyfus and said that he would
find his lola and obtain justice Then he
resumed the examination.
Q.-Do you remember standing at the
head of the bed of a man in the hospital
in Clinton prison? Al may have. 1 don't
remember.
Q.-Do you know that President Roose-
welt determined to purify republican poll
leadership? Al have no knowledge Of
that.
Had Helped Russell.
Q.-What was the reason, in your opinion,
that you were deposed from Office? Who
was responsible. A.-Nobody was RESPONSE
BILE. 1t came in the natural order of things
in the cycle of events. 1 had been in office
too long.
Q.-What did you mean when you wrote
of Higgins that ST hv ah him body
such a claim? Al never made any such
claim.
Q.-Are you not the direct cause of the
chaos that exists in the republican party
today. Al do not think so.
Q.-You know what the honest members
of the republican party think of you, do
you not? A.-No.
O.-Do you not know that Senator Platt
gave you your first honors? Al do not
know about that. 1 think I did some work
myself.
This ended the examination.
The first witness of the day was ex-Su-
preme Court Justice Keener. who at one
time ahelped Russell in a habeas corpus
proceeding. He was asked by Russell If it
was not because he had betrayed him that
Gov. Odell had appointed him to the bench
To this the justice replied that he did not
think so.
to save Gov. Odell and his friends If you
had done so?' Russell asked. 81 don't think
So" the witness answered.
II do not expect him to admit that he Isl
guilty." said Russell to the court. but I
want to draw out the facts so that they will
speak for themselves. If he did so 1t is the
concern of the whole people who have been
dragged in the dirt"
Just before the noon recess Russell read
a statement In which he said that he had
not the means to employ alieniSts, and In
consequence he wanted to invite some ply
sicians to appear at the Monday session Of
court and examine him.
Supreme Court Justice Gaynor was the
first witness in the afternoon. He was
asked concerning the proceedings instituted
in Russelrs behalf before him in Brooklyn.
He testified that he had given Russell a
full hearing and had been convinced that
he was NOT able to care for himself.
Have you brought the record Of my
hearing with your" he was asked.
ut is not in my possession" the justice
answered.
It was then arranged that the Kings
county clerk should be called on to pro-
duce the record of the hearing before JUS
tice Gaynor. Charles H. Kelby and Chas.
E. LIE Barber, two lawyers who have ap-
peared for Russell. were on the stand in
the afternoon. The hearing will be con-