New-York tribune., 1910-02-25
SENATORS WRANGLE
AT Aids INQUIRY
DAVIS RULES OUT E-X-
TR4NEOUS EVIDENCE.
-Soaae ..Seeq-4ttempt to ForestaH
General Inquiry By Glutting
Public Curiosity.
[By Telegraph to The Tribune

Albany Feb. 24-Questions regarding
the admissihility of evidence in the Aids
bribery investigation being conducted
by the Senate committee of the whole
which have agitated that body on sew
eral previous occasions. eliminated To-
day in a prolonged argument between
Senators Grady and Bracket, in the
course of which they virtually accused
each other of being bassed in favor Of
Aids and: Conger. respectively. Later
each cooled down and made semi
apology
The incident grew out Of an attempt
on the part of Martin w. Littleton, coun-
sci for Senator, Aids. to draw from As
semblyman Merritt testimony regarding
a conversation Aids had with him con-
cerning the Heacock bill last year.
James W. Osborne. for Senator Conger,
promptly objected that such testimony,
being a declaration by Aids in his own
favor, was incompetent A prolonged
legal dispute ensued at once. Senator
Bracket declared that if such evidence
were admitted it easily might permit
"the possibility Of manufacturing evil
dence ad libitum.'
Senator Grady retorted that this testi-
mony was. no more incompetent than
was some regarding the journey OF Dea-
con Hi Moe to Albany which was on
the record
If that was allowed, it was allowed on
this theory began Bracket, when
Grady broke in. with much vehemence;
Then let. US get theory which Will
allow this
L see the Senator is not of that open
7nind"- replied Senator Bracket, only
TO be interrupted again by Senator
Grady.
..J don't know how TO contrast our open
minds retorted the Tammany Senator
Il have not vet suggested, when ques-
tion leans more to one side than the
other. that it might be read a little
louder after having been read quite LOUD
enough TO be heard by everybody. and,
getting a little confused to what the
witness meant. asked that 1t might be
repeated. My mind has not been so open
as that"
ARGUMENT GROWS HOTTER.
1tr3cKett retOrte0- ana tne ieSdi TdTSu-
ment got hotter and hotter, until finally
Senator Grady admitted that there were
objections, and valid ones, to the admis-
sion of this testimony.
But what surprises me is that when
the case for the complainant was being
presented they wanted everything in.
Men were allowed TO ask questions that
IL nd u.n
had the greatest thrashing out Of it, and
the request to allow everything in-'dont
keep down the lid Now, just as soon
as the answer Of the respondent is pre-
sented,- then We all commence to inquire.
Is that strictly legal? Whereris it going
TO lead us? Be careful
'It ia against that sort of treatment
I protest as a Senator who believes in
a square deal for both these men. Amy
lawyer who assumes to justify the testi
mony that was admitted on the case in
chief-well, he can stretch a legal de-
cisiCn longer and wider than the length
and width of this state.
''I want to say to Senator Grady and
to every Senator in this committee re-
torted Bracket with much heat, that I
shall never permit him or any member
of this body to say or suggest or make
any innuendo that / have stood here on
the trial of a case that means more than
life to many persons and made any at
tempt to do other than follow the law
as the good Lord has given ne to see the
law"
NO ASPERSIONS ON SENATOR'S"
Il cast no asperyons on my brother
Senator'S" finally declared Senator Grady
when Bracket had finished a long ar
gument on the legal aspects of the case.
That is not in my line"
After about an hour of the debate
Senator Davis ruled that. the testimony
sought by the Aids lawyer was not ad-
missible
. This incident was regarded by many
as lending point to protests arising from
various Senators at the eXtraneous mat
ter which finds its way into the Aids
case. Bracket, Hinman and others have
shown that much matter not pertinent
TO the question whether Jotham p. Aids
in 1901 demanded and received a $1,000
bribe was being placed on the record.
sci. has said plainly that the opening of
the door to such testimony was entirely
likely to obscure he issue. RumOrs are
not lacking that some of this is done
with intent to accomplish just that pur-
pose.
Another phase of this situation is
rather important just now. over the
protests of some Senators and the Con-
ger lawyers the names of Speaker Nixon
and Jean l.. Burnett We're brought into
the case. Through a question of Sena
tor Wainwright, pressed vigorously, the
name of George W. Doughty, chairman
OF the Internal Affairs Committee in
1901, was placed in a very unfavorable
light on pure hearsay testimony Mr..
Wainwright apologized publicly to-day
for asking and pressing the question
NO ACCIDENT. SOME BELIEVE.
There are some persons here who be-
leve that such publicity at this time of
matter not directly pertinent to the
issue in the Aids case may not be en-
t:rely accidental or spring unaided from
the examination of witnesses These
suspicious ones think much Of this takes
place through design-a design to glut
the public taste for sensations just now
with disclosures comparatively harm