New-York tribune., 1908-03-12
REPARTEE IN COURT.
MONTGOMERY ON STAND.
Fan for independence Lcaguers at
TfGarer Trial.

TIE second session a. the trial Of Nathan Vida
Yer. Independcnce League politician ana former
xpeciaI Deputy Attorney General who is charged
With attempting - extort Sl.Sco from exPresdent
wilsiar, Z Nonte eorr2ery O. tla tfiamilton BANK
wound s;u veste-day afternoon in an uflsuccessIu
eros1 by Tire defence 10 find out whether or no.
NJ Montgomery had destroyed the memoranda
r. -.adc CT the alleged conversation he held with
" seq Il s4rossraan the payment 10 NidaFeT-
- 4yas tfse frs: dav Of The cr"ss-eN'iininaton g"
NJ Montgomery. and at times the arguments
e,.cnc co1nse, and the retorts. more or less
courteous between Mr. Montgomery and Frank
Moss ~ counsel Niaaver. amused the crowo
&c independence Leaeuers. lawyers and reporters
n, inc private chambers Of the Centre street court
her inquiTing as 10 whether me heinoIaiiud u
sha conversation were still in existence MI MOSS
,.ea--es 10 .he allegation that certain papers
wanted in the investigation OF the grand jury that
indicted Montgomery had disappeared from 'he
Hamilton Bank Mr Montgomery almost shouted
hts deniais that this was Then Mir. Moss shook
his finger almost Mr. Montgomerys face anu
yoarcd: II know what you are
Ana ] know what you are, too" replied Mr.
Monrcomery growing red and gripping bis char'
.-Don't YOU forget that
Thts re5,ar1ee stopped by the vigorous or
.s.rs of Magistrate Herman. who got plenty OF
exercise with his gave during the many disputes
As ,be examination continued Mr.. Montgomery
.,,7aenlx said: .'On second thought, believe
.-fu haze those notes. My first impression was
.bs1 I threw them away after i made out the
affidavit hut now helieve put them back IN my
pocket and that they are in another suit o1 clo'eS
- home
ssroved papers before, haven't YOU? What maze
You destroy the papers in the bank that ihe halh
examiners wanted muchc'
There were papers destroyed the witness
.zi5 arErffz while Assistant District Attorney
Kresel and Howard 5, Cans. personal counsel for
Montgomery protested against this line OF queS-
tionnE.
rho questions were dropped, and then Mr. Moss
.slzad that a man be sent from the District At
-ornev-s Office Mr.. MOntgomery's home TO SET
.,-e memoranda II they could be found. Mr. hresel
said Mr. Montgomery could bring them down TO
t1e next hearing bat Mt Moss said: On no;
no; at all We want them sent for right now
Mr. KreseI then agreed. and the hearing was ad-
1au~ned until next Monday at o'clock
W NJ X Olcott, of counsel for Nidaver, created
g stir in the crowd when he said:
Your honor. I ask that you direc- the Assistant
Distr5ct Attorney TO have representative of our
Office accompany his representative with MI hont-
gornery 10 get the papers 1t is most important
for pfnle / don't say that NJ. Montgomery lntenos
Htlythue, wrong, still. if he had such intent, he
would have every opportunity 10 write memo
randa''
Mr.. KreseI suggested that AIr. Moss GO
Please DO, judge" said Mr. Grosslnan, please
so for this concerns me-
Mr. Moss consented and went out with Mont
xon7erv and the detective. After their visit 10
~far+aor7,e-ys home Mr. Moss said last night the
rarors could not be found
Herbert p Auerbach. the special investigator Of
,he Attorney Generals office, who was named as
She eo-between mentioned BY Nidaver, according
10 montgomery was in court. He accepted service
1o appear on Monday, and WAS excused because Of
q business engagement
Mr Montgomery testified that he had thought
or ;he plan 70 ''entTap Fidaver," ana had sug-
sesled Mr. Jerome. who was at first in
creduous and said 'he didn't believe they'd accept
the money that anything could be as
that The rest of the testimony went over the
era7lnd he afTidaVitS