New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-02-11
Bad DAY FOR DE-
FENCE IN 4LLDS CASE
Lttleton Tries to D'scred't
Star Witness, but Documents
Tend to PrOve Story.
rBv Telegraph 10 The Trfoune-1

s,
self-confessed bribe go-between. was tne
central figure in the Senate investlsatlon
into the truth Of Senator Benn Congers
charges that Jotham P. Aids IN lsVl
took a 81 600 bribe Despite the utmost
efforts of Martin ". Littleton. counsel
for Aids, Noes main story remained
unchanged one fota, and he even got on
the record, with the aid OF documents.
some facts relating TO his memorable
tourney to Albany regarding which he
had been unwilling to testify from mem
ory alone
For the defence the day was bad one
for there were admitted in evidence 10
corroborate Noes story books OF the
First National Bank, of Groton, which
recorded the receipt and exchanging OF
the ST. 500 check on April %, 1901. the
day Moe swears he got money with
which he paid $4,000 in bribes to three
legislators next day Also Moe gave the
name of John Newell, enplOye Of one of
the Conger bridge companies. as that OF
a man whom he had met in this city the
day of the alleged bribe giving.
OF course, the defence did everything
possible 70 diseredit Moe and his testi-
n1ony Mr. LittletOn brought out long
series of loans made to Moe by various
rnemb-r Of the Conger family and the
Conger banks. He laid great emphasis
on the fact that the person who is ex-
pected TO testify TO Noes presence here
on April % is a Conger employe. BY
this and Noes financial difficulties he
tried to show that the men attempting to
prove that Aids actually took a brtbs
all were under the influence Of the Con-
gers, and so naturally would have an
obvious motive for their testimony
UNSHAKEN AS WITNESS.
Thus at the end of the day Moe him
self. as citizen and a business man IN
his little community. may have suffered
considerable damage. but as a witness
he remained mistaken. on the face OF
the returns the Conger side has sub
stantiated Noes story in almost all its
details. except the actual meeting OF
Aids Benn Conger and Moe and the
giving of the alleged bribe TO the ma
jority leader of the Assembly
The $500 check has been put in evil
dence- Books of the bank have been
Of $4,000 each were issued against it
on April 30. 1901. Guernsey Williams,
a friend of Noes. to-day swOre that
on that day he identified Moe at a SYRIA
cuse bank. The two drafts are in evi-
dence. showing that Moe presented them
at the Syracuse bank. obtained cash for
them and that they were forwarded to
New York from the Syracuse Bank IN
sufficient time to be put through the
New York Clearing House on April 23.
Noes statement of his presence in Al
bany has not been cOrrobOrated yet.
Senator Benn Conger Will be put on the
stand tomorrow, unless the time-a
short sessions taken up with more
examina ton of Moe or some preIini-
nary witnesses At any rate. Benn Con-
ger and Newell are expected TO testify
TO Noes presence here Conger in his
sworn charges already is on record re-
eardinC the giving of the bribe to Aids
Thus the main portion n the plaintiffs
case is outlined and its chief points are
stronsIy backed UP by documents and
eraI testimony. while the defence appar-
entity has done little TO shake this ac-
of evidence To be sure,
there is much more to come on each
side. and one Of the best lawyers in the
Senate tonight laughingly declared
that he had seen many a legal case open
in favor Of one side
and end with Judgment in favor OF
the other.
ALLDs PEOPLE FIGHT HARD.
The Aids people fought hard against
the admission of this documentary evil
dence bearing out part OF Noes story.
Evidently Mr.. Littleton realized that the
of any part Of the story
would tend TO make more easy belief in
all of it. This documentary evidence
was not properly admissible as corrob-
oration, he argued. Any or ali of these
details if proved did not prove that Moe
gave Aids the bribe.
ITO allow a witness" said Mr.. Little
ton. "the test of whose credibility and
and strength of character is
being made. TO Corroborate himself by
SAYING that at a particular time he
,ashed a check. therefore he paid the
proceeds OF that check to somebody
there is a great gap between those two
propositions. There is greater gap be-
tween offering in evidence the record OF
\ journal which contains an entry of a
heck and proof of the fact that he paid
he money 10 some particular person
In other words. he cannot give himself
,haracter by showing that some entirely
irrelevant thing which he did was actu-
ally done"
But Senator Davis, chairman of the
committee of the whole. ruled that this
evidence should be admitted. So ad-
nitted il was, while Mr.. Littleton's face
sank for a moment and the Conger con-
.ingent looked jubilant.
Along toward the close of the days
session came another incident which in
iicated the keen necessity for the de-
fence to shatter Noes cOmposure and
tear his story 10 tatters. Jay Conger
wss being crOss-examined by Mr.. Little
ton. who sought 70 interrogate him
about Noes Indebtedness 10 the Me-
rhanics' Bank. a Conger concern. Mr.
objected on the ground that
this was a collateral matter. and there
fore examination of the witness regard
ing Ii was improper