New-York tribune., 1908-04-09
QUERIES NETTLE RYAN
FIVE HOURS ON STAND.
Often Refuses to 4nS5cer an Sat
=. against Street RaiIsCay.


ropoIitan Street Railway Company and others Tor
damages they say they sustained through alleged
falsifcations in the reports Of that company TOT
1905 and 1906 Eugene Kremer counsel for the PLAIN
1ifs said that h expected 70 prove that MI Il!
knew that ihe reports were incorrect ana l1lse'
We'll seeks 10 recover 500 and Minnie Weller S2"
The individual defendants in the action are Ed
ward J. Berwnd, Herbert H. Nreeland, Mortimer
/. Schif. Thomas F. Ryan. Peter A T. Nldehe['
Thomas Dolan. August Belmont and JACOB ii.
Schif MI Kremer has declined 10 tel just why
This selection Of defendants was made
II was evident that Mr.. Ryan was disguised at
having give up the day 10 the case ana ms eA-
animation by Mr.. Kremer irritated him still n1pfe.
Several times he fatty refused answer questions;
Al other times he insisted on making explanatory
statements with his answers. despite the obJec-
--ions Of his examiner; al other times ne attempted
10 take charge OF his own examination by ordering
Nj KrenIer to ask him certain questions that the
latter had idea OF putting. He was called as a
witness for the plaintiffs.
Delaney Nicon. as personal counsel for Mr.
RYAN took an active part in the proceedings.
What is the object OF all this?' he wanted 10
know. as NJ. Kremer went delving into various
phases OF the many traction mergers in this city in
which Mr.. Ryan has been interested Suddenly
turning Mr. Kremer. he shouted:
Can you hold up your hand and swear that YOU
are not here n behalf Of BIZ Amory and his
gang"
i don't have TO swear. my statement is sufl-
cienl," retorted Krelaer-
get al ulis data? From Amory?" and ne shook
his head obviously sat down.
r. H .Nreeland Vas on hand when court opened.
HHd viii probably be called as 4 witness to-day, as
viii also Mr. Ryan, whose examination viii he
continued. John b Stanchfeld represented the
directors ocfthe Metropolitan Street Railway Com
Eany.
Seemingly in no pleasant frame Of mind. Nj
Ryan went the stand shortly before u o'clock.
M Kremer wanted 10 know about his standing as
9 stockholder III the company. whether he held
controlling interest and forth. y refuse 10
snsVe err impertuEbably replied Mr.. Ryan these
questions.
4 know nothing. about the 1876 report; ask
about others" said7he moment later, in reply TO
other questions.
! don't TO- said KTemer
I insist that you do" retorted Nr. Ryan
Your honor said Slr. kremer- appealing 10
Justice Young will you please instruct the wit
ness that he cant make me ask questions I don't
to-
The court nodded but Mr.. RYAN paid little stten-
tion the warning. Then hremer his
rention 10 the Grand and Ohambers street lines.
I won't say anything" said Mr. Ryan when the
lawyer insisted upon answers. What is the mean
ing Of all this anyhow? I suppose you people
want 10 keep me here Z month I insist you ask
me- about tine reports I mentioned. I know my
rights. 7 insist
Mr.. Kremer then.asked 4 question about state
nlent made by Mr Belmont. = cant help what
he said exclaimed the witness. Il talked 10 him
only about five minutes that matter"
When the afternoon session began at o'clock
Nj Ryan was recalled TO the stand
i ask YOUR honor dismiss this case on the
ground that you have no Jurisdiction 10 hear il q"
said Mr.. Stanch1eid, rising. On counses own
statement he admits that ne expects 10 prove con-
spiracy and your honor has not Jurisdiction over
conspiracy charges.
After some arguments from both sides. Justice
Young ruled that the continue. Then the
minutes Of directors meetings were allowed in evi-
dence gzIer argument and a lease of the Bleecker
street and Fulton Ferry Railroad Company to the
TNenty-third Street Railway Company executed IN
1876
"Oh. that's simply absurd exclaimed Mr.. NicoIl.
The IDEA of introducing lease over thirty years
old I object. It's immaterieI, irrelevant, foolish
After several questions Mt. Ryan started ex-
plain about his responsibility or non-Tesponsibility
for the mortgage Of the Third line The
aletrupoIitan Street Railway Company. Mr.. Kremer
promptly objected TO the explanation. and Mr..
Ryan with z shrug, retorted: I am only trying TO
make il clear YOU Then Kremer turned 10
,F2var'e testimony IN the Worrnser case and asked
Nr Nicou If he would recognize as correct = copy
Of some Of the testimony in that case It's from
the Public Service Commission" ne said in explana-
ZION.
M Ivlnss extracts" asked Nicoll
Yes" said Kremer. You don't think they are
incorrect2'
They are very garbled' said AIr NicoI, signing,
''Ivins prepared them for MS purpose"
Then Mr.. Kren1er tried get the witness to say
that he had been intimately and closely" asso-
ciat=d with Schif, WaEgpner, Dolan and others in
traction. deals q have been connected with them
Eaid Mr.. Ryan kremer insisted upon the closely
and Intimately" Answer Yes or no 10 my quas-
lion" said he
Il have given you my answer exclaimed Ryan,
nor would he say
Give me a chance 10 he heard" said Mr.. Ryan
later "I think ] have opportunity 10 explain
some erroneous Impressions"
Mr.. NicoH VIII give YOU ali the opportunity you
want on cross-exarnination." retorted Kremer.
Hadn't you been practically carrying the float
ing debt Of Metropolitan Street Railway Com
psny9" asked Krener.
OF half Of q. yes. ! had good security Mr
Ryan said and was paid. though I don't remem-
ber the cate Of payment
M. Ryan testified that he transferred = large
portion his holdings for Metropolitan Securities
Company stock.
Were vour holdings then comparatively small @'
asked Kyemer
They weren't as large as they had been' Iaoon-
icslly replied the witness. then said that they
noI in his own name and would not be shown
or books.
Arter the floating debt paid Mr.. Ryan said
that the rest OF the funds secured ny the lease
and snalganston 10 for the uses the
company. I had nothing do with the details q"
he said. and don't know how was applied"
= lively argument followed this answer. Mr.
Kremer wanted everything struck except Il
don't know" Mr.. Ryan retorted that ne wanted
show Ordinary intelligence"
Kremer then shifted his attack and asked about
the statement issued in 1903 which the company
showed II had sS.OOoCJo surplus collateral Nj.
Ryan replied that the directors had considered that
the franchises should be as collateral He
said that he had been required TO take q large in
terest, $50 GO IN 1902, IN the Metropolitan Securities
Company, and subsequently, took larger one .'blIt
neither at The request demand Of Mr Schif
The hearing was then adjourned this morning