The Washington herald., 1908-05-28
HELD TO Be FORGERY
Changed Telegram Case to
Go Before Grand Jury.
TELEGRAPHER IS ACCUSED
Capitol Operator Alleged by Assis-
tRnt District Attorney to Have In
serted Word i'm Message Which
Resulted in Defeat of Kew York
Racing BiII-Fassett a witness.

The facts in connection with the change
IN the wording of the telegram TO Sena.
tor owen Cassidy. Of New York. which
resulted in the latter voting against the
anti-raclng bill in New York and thereby
causing its defeat, VIII be presented TO the
grand jury.
Assistant District Attorney Harvey
Given. who has been conducting an in
Vestigation. yesterday made a formal re-
port to District Attorney Baker. in which
he states that the evidence collected by
him, in his opinion. constitutes the crime
Of forgery. Responsibility for the change
IN the wording Of the telegram IS placed
by Mr.. Given upon Julian +. Undertake.
the operator at the Capitol who sent the
message. Mr.. Given took the affdavits
of several persons. and these viii be sum
moned before the grand jury 20 testify
Among them are Representative J. Sloat
Fassett. who sent the telegram advising
State senator Cassidy to support the gov
ernor and which was changed by the in
sertiOn OF the word mot" thus chang
ing its whole tenor; J. J.. Mooney, who
was in charge of the Office at the Capitol.
where the message was received and who
handed il TO Tlmberlake; James +. Shea.
Representative Fassetts secretary. and
others. In all probability. Senator Cassi-
dy Will be asked to come to Washington
and appear before the grand Jury and
bring with him the telegram which he
received.
Mr.. Given's Report.
Mr.. Given's repor. to District Attorney
Baker is as follows:
In obedience to your request I have 20
report the result Of my Investigation OF
the complaint made TO this office by Hon.
J. Sloat Fassett, that a telegram sent by
him on the Sth day Of April. 1905. TO Hon.
owen Cassidy. Albany, n. Y, suggesting
20 him Cassidy how to vote on the race
track bill. then pending before the legis-
lature OF New York, had been falsely al
tered
/ have examined all persons whom l
could find, who had any knowledge OF. or
were IN any way connected with the send
Ing Of said message, and the facts, as
stated by them, show:
That the telegram itself as written By
Fassett. was not altered, but that a teIe-
graph operator, Julian II. Timberlake.
caused raise telegram 10 be made at
the main Office Of the Western Union Tel
egraph Company in this city, and 70 be
wired 20 Cassidy, inserting the word
mot in transmitting by wire the original
message 10 that office from the House
corridor telegraph Office Of the United
States Capitol. This was admitted in a
statement by Timbcrlale.
Case One of Forgery.
In my opinion, the evidence in the
case constitutes the crime OF forgery, as
provided for by section Si3 Of the code
of the District Of Columbia, and it is
hereby submitted TO you FOR your con-
sideration.
''In the investigation I have had the
hearty cooperation of the Western
Union Telegraph Company, and the able
assistance Of Clifford L. Grant and Frank
NJ. Helan, OF the Central Office Metro
politan police"
Summons for the witnesses to appear
Will be issued at once and the grand jury.
which Is now in session, will be asked to
return an indictment against Timberlake
and others If il is found they are impli-
Gated. Mr. Given declined yesterday TO
furnish any more information concerning
the matter than Is contained IN his re-
port.