New-York tribune., 1911-02-21

Gaffney was excused. He went away as
hurriedly as he had come.
The prosecution called only three VII
nesses yesterday before Mr.. Mott resteo
his case Two Of them. George l.. lir-
rell secretary to Controller Prendereas''
and State Senator Eugene Nj. Ira''S'
representing the 9th Senate Distric' vi
Brooklyn. proved TO be disappoih.'ne
witnesses for the people. Under the
bomhardment OF objections offered py
opposing counsel and the veiled replies
made by Senator Travis to Mr. No'1
questions the prosecutor was unaoie 'o
Get any evidence of importance from the
witness. So reluctant was sehator
Travis to testify that the Assistant D'a-
trict Attorney turned on him in despair
and shouted
Ibid Won say TO me on Friday that you
didn't want TO testify at this trlsi oe
cause YOU had to live with those iei-
lows at Albany"
Mt. Mott said he wanted TO snow 'na'
Travis was hostile witness
Mr.. Steuer's objection was sustained
srd Senator Travis was excused after
cursory question or two by counse' io'
the defence.
TirreI Denies Elders Story.
Mr.. Tirrell. who was the Albany cor
respondent for "The Brooklyn Daiiy
Eacle" at the time the anti-racetraca
hill was before the Legislature, denle'
,to,,tly that he had ever told MT Elosr
,ba. Congressman Foelker received Sio'-
oOo to vote against the racetrack Dill
and that "he knew it lie s"ore '"".
ne couldn't recall ever having oiscusseu
the racetrack legislation with Mr. Eiuer'
Tirreu testified. however, in answer 10
further questions by Mr.. Mott that he
Rad seen Gardner in Albany snort t''iie
before the racetrack legislation was UP
for action in the Legislature. lie 'a'Neu
with Gardner at that time IN MS ioo'i
st the Hampton Hotel, and Garoner 'oiu
49,. ,be witness said, that he was UP
.bere 70 heat the Hart-Agnew DILL
rou testified that Gardner told MIN '"e
~,on,s who sent him 20 Albany hau
,,Antv Of money. and he produceo ',s
IN ~ hills and showed 1t to Ilrre"'
T-nen Tirrell remarked that there must
ne a big pile in the roll Gstonet 90
,iied "Why. could carry sl'ooo0oO
u,itbout turning a hair. the "i'i'e''
said. ,ross.
The third witness called by the pros piose'
cution. George w. Hall. Of Wilkes Da'i.' l,.'.
penn. furnished testimony corroooisV''e
:. congressman Foelker's story OF ,no
ESQ ooo bribe ne said Gardner ohereo hiih
on train coming from Albany u 'i"S
n,,,, Wall also testified in corroooratioh
~ NJ Elders testimony Of the aiieseo
$500 900 Doodle fund.
The witness said that Gardner "S'
,o,a hin, both stories in Wilkes-Barre
few weeks before his arrest In WiiAes-
rsrre last October. He testlneo tha'
cordn.r also told him that he wanted
90 kaen avav from New York and that
certain legislators wanted him 10 go 10
r-prone but that he was expecting oe-
cree o. divorce and wanted 10 marry
aoain. II developed that Gardner ana
o,s nresent wife. the former show GIRL
who has been q constant attendant al
the trial. were married In Hairs apart
roent in wilkes Barre. Hall and Gardner
were both employed as bond statesmen
b,, IN. TanSier Developing Company at
that time.
Nr Steuer made a valiant attempt 10
break down Halls testimony on cross
examination. He tried 10 show that Han
had lost his Job with the developing com
many through Gardner, and was prompt
ed afterward. in order 10 get even with
Gardner. 10 write TO Mr. Elder and tell
him Of the alleged bribery stories which
the witness said Gardner had told him.
Hall admitted that he had written to
Elder after he had read his testimony
before the legislative investigating COM
mittee in the papers That was after
Gardner's arrest and after Hall had been
asked for the key to the Wilkes Barre
Office OF the real estate company. the
witness admitted. But Hall firmly de-
clared that he had not written to Mr.
Elder out of any animus toward Gardner
or his wife. he denied that he had
threatened to Gardner's wife to make
trouble for Frank" unless the latter had
him reinstated in the developing COM
psny.
Mr.. Steuer brought out that Hall had
been living at the Marlborough Hotel
here for two weeks, accompanied almost
constantly by one OF three detectives
from the District Attorneys Office. Hall
had an arrangement then with the Dis
trict Attorneys Office for an allowance
Of $50 a week and all expenses. il was
shown Before he came here Hall was
III in e hospital at Easton. Penn, and
wrote 70 District Attorney Whitman for
funds TO defray his expenses. which he
received.
patch of correspondence between
District Attorney Whitman, Mr.. Mott
snd Hall concerning the arrangements
for Hall to be brought here as witness
was produced by Mr.. Mott at the request
of Mr.. Steuer. and the letters were read
10 the jury.
Hall Feared for His Life.
From the letters it developed that Hall
had gone 10 Easton in order to get out
Of Wilkes Barre to a place where no one
would know whore he was. Mr.. Mott
brought out on redirect examination that
Hail did so because he had been shad-
owed and attacked on the street in
Wilkes Barre ana stabbed. He feared for
his life If he stayed there. The $50
week end expenses had been allowed by
the District Attorney 20 compensate the