New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-24
Prosecutor Brings Out Damag-
ind Facts in Senator's
Career as Lawyer as
Trial NearS End.
ORDEAL CRUMPLES NERVE
Clerk Popp Testifies Some One
Tempered with Code Commit
tee Report-Bribe Case Ex-
pected to Go to Jury Early
This Afternoon.

Senator Stephen J. Stilwell, on trial
under the accusation that he attempted
10 sell his legislative vote and influence
TO George H. Kendall. made his final
plea TO the jury in Justice sesbury's
court yesterday afternoon. When the
Bronx Senator finally left the stand at
$50 o'clock last night, after four hours
in the witness chair, his lawyers an
nounced that the defence rested. There
was no evidence offered in rebuttal by
Assistant District Attorney Charles c..
Mott, jr.
Justice Seabury directed the defence
10 be ready 10 begin summing up at
10 o'clock this morning. Each side
will have one hour and half and
the charge will be delivered TO the
fury either at o'clock or directly af-
ter luncheon. In any event, the jury
will have the case early this after
noon. and the verdict which will either
brand Kendalrs story as a "frame-up"
or send Stilwell TO states prison will
probably be in before the close of the
afternoon.
The Senator made a determined fight
in his session on the witness stand but
his nerve crumpled up before the cross
examination of Mr.. Mott. which took
him back over a record that called for
the most voluble explanations probably
ever heard from that witness chair.
Stiwelrs lawyers made every possi-
bic effort 10 shut out Motifs questions
as 10 the Senator's history. But JUS
tice Seabury ruled that such evidence
was proper as a means Of establishing
the credibility Of the witness. and after
the first furry from counsel Stlwell
had TO fight ii out himself.
Tries TO Explain Telegram.
On the direct examination by William
T. Byrne Stilwell was loquacious and
plausible. He leaned over almost
eagerly toward the Jury box. empha
sizing his points with his eyeglasses
gripped in his right hand by way Of
aiding his gestures He entered cate
gorical denials TO each separate accusa-
ton made against him by Kendall. and
explained at great length his story OF
the disastrous "fifteen" telegram.
When Mott arose TO begin the cross
examination Stilwell faced him with a
o1 iafintN II
seemed as IL he had no expectation OF
being questioned about anything other
than the case on hand. and he had his
version Of the damaging accusations OF
Kendall so we'll in hand that he evi-
IDENTIFY did not fear any kind of cross
examination along that line.
The change that came over him with
Motifs first question was much the
same as If he had received sudden
and entirely unexpected blow in the
face, and it was the more apparent
because Of his previous air Of con-
fdence
Were you suspended by the Appel
late Division?" queried the Assistant
District Attorney, as soon as he had
Stilwelps chronology as lawyer and
legislator on the record.
That was eighteen years ago. re-
Piled the Senator. when he had partial
ly recovered from his surprise.
Were you appointed referee in
mechanics lien action?'
Il was"
Mott asked him then whether he had
not. As referee In that action. ordered
first one side and then the other TO
pay fees in the case; later ordered
both fees returned. and then, in his
Continued on fourth page. second column