New-York tribune., 1907-01-12
RUSSELL BATS 0DELL.
ALSO JUSTICE G4YNOR.
Says Political Conspiracy affects
Judges and Ld5cyers

In his fight for liberty Edward J. Russell. the
convicted blackmailer and alleged paranoiac, had
Ex-Governor Odell and Justice Gaynor on the
witness stand yesterday. The case is being
heard before Justice Truax. in the Supreme
Court Russell conducting his own case The
former Governor the second witness called
but Justice Gaynor did not go on the stand until
the afternoon session. His manner on the wit
ness stand caused Russell to ask him II he
would not reprimand a witness were one to act
in the same manner before him. The Justices
response was not caught.
After they had shaken hands. Russell began
10 ask questions. the court apparently allowing
much more latitude than is usual. Russell
turned to Justice Gaynor and said
Your honor have always wanted to believe
that Justice Gaynor would not cut off my tes-
timony and gag me- and send me back TO that
awful place without some talk had been held in
star chamber
liAYNOR DENIES ALLEGATIONS
81 gave you full hearing" said the justice
'and / did not cut you off.
Have you brought the record OF my nearing
in the writ of habeas corpus?' asked Russell.
Its not in my possession" was the reply.
Then Justice Gaynor said that he did not know
~ a record of the case when heard before him
had been made Russell then asked why the
writ of habeas corpus had been delayed four
months. Finally, after some wrangling' the
Justice on a suggestion by the District At
rornev said that no writ had been issued be-
tause no application had been made.
II did not hold back the writ at ALL justice
Gaynor said.
Did you not hold it back at the behest OF
David B. Hill. for whatever political advantage
would come TO you for doing?"
He said he didn't hold it back" said Justice
d Truax and then District Attorney Clarke ex-
plained about the delay in the writ.
Russell became excited. Your honor, he
cried, this writ Of habeas corpus is still run
ming, and 1 have right to bring out the facts
Even you Justice TruaX. only at your peril can
interrupt its progress TO its logical conclusion.
Three justices OF the Supreme Court have got
out of hearing this case because of the power
which 1 had Charles F. Murphy l gave
this information to David B. Hill in 1902. and
they said that Bird S. Coler would be elected
by 100000 majority as a result of my exposure
of OdeH. Before 1 am through l will kill Charles
F. Murphy politically. too, for all that he is now
in the mower of William Randolph Hearst"
MR. CLARKE TO THE RESCUE.
District Attorney Clarke came to the justices
rescue at this point with:
1T really seems to that there should be
rome restraining influence put upon the rawlings
Of this paranoiac. 1t is most humliating that
he should be allowed to insult not only Judge
Gaynor but Governor Odell and other witnesses"
sustice Gaynor then excused, Justice
TruaX promising to issue subpoena 20 the
County Clerk TO produce the records.
The first witness called yesterday
Justice Keener, who Russells coun-
sci. He admitted that he knew most of the per-
SONS concerned in the alleged conspiracy against
Russell. but said he kneV of no conspiracy.
Would you confess that you We're in the
spiracy if you were?" asked Russell
Il think that a who would do that would
rot confess anything" said the ex- justice with
smile.
Finally Russels questions 10 the ext Justice
raused Justice Truax TO say:
The only question here Is whether you are
sane insane and if you keep on this line OF
questioning it may lead believe you are
insane" The witness was excused Immediately
EX-GOVERNOR ODELL CALLED.
Then Ex-Governor OdeI was sworn. After the
preliminary questions Russell asked: Who
caused your defeat in the County Committee last
December" He explained the bearing that this
question had on his sanity by saying:
II Will prove that ! was responsible for this
mans defeat. gave the Republicans informa-
tion that this tituar head Of the party was in
he hands of Charles F Murphy. I Will show
that L destroyed him politically. and that is
why they wanted to keep me in the insane asy-
lunl."
Justice Truax then permitted the witness to
answer.
Because didn't get votes enough" was the
dry explanation
Russell then asked for the real reason for
odelis desertion Of Black for Depew IN the
Senatorial campaign, but the question was not
answered
Don't you know" asked Russell getting an