New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-09
Lawyers for Thompson and
Hussey Seek Terms on
Which District Attorney y
Will Show Mercy.
MUST TELL ALL-WHlTMAk
Murtha Reported To Be Weak
ening Again-Sweeney Alone
of Convicted Men Hope.
less of Gaining Leniency. III
Will Fight to End.

John 3. Stanch1eld. attorney Tor
James F.. Thompson. ex-inspector oe
police, made an engagement with Dis
trict Attorney Whitman yesterday. and
conferred with him for more than AMI
hour.
Francis L. Wellman, attorney for
James T.. Hussey, exinspector Of police
called on the District Attorney at his
Office twice during the day. |,
Each of these lawyers expressed q
lively doubt as 10 whether any applica-
tion for certificate OF reasonable
doub- would be made in behalf Of their
respective clients. Each evaded giving
any answer to the direct question as to
what he had wanted TO confer with the
District Attorney about.
To the suggestion that the lawyer
for a convicted man could have only
one reason for a conference with
the District Attorney-confession
Wellman. i'm behalf of Hussey, gave a i
thrice repeated denial. then offered the
explanation that he had called On
Whitman solely 10 congratulate him on
his remarkable address TO the jury In
summing up. A moment later Mr..
Wellman discarded that and admitted
that he had been seeking "clemency'
for Hussey, on the ground that "Hus-
sey was less guilty than the others
What did you offer TO Mr.. Whitman.
from Hussey, in return for recon-
mendation for clemency?" was asked
Whitman Unconditional.
why, nothing-nothing at ALL" hs
replied
In spite of the evasions Of the coun-
sci for two of the four convicted in
spectors. it was learned last night. that
both Hussey and Thompson began yes
terday to seek definitely for some kind
Of terms from District Attorney Whit
man. Incidentally II was noted, I'm
this connection, that Hussey and
Thompson are cellmates in the Tombs.
Their lawyers found Mr.. Whitman
fatty determined on three points:
That they would go to EIackwelPs
Island for whatever term they got;
that they would be prosecuted on the
graft indictments against them; or that
they would make an unconditional sur
render, agree to tell all they know, and
take in return whatever recommends
ton for mercy Mr.. Whitman decided
their information and evidence should
be worth.
This sudden change OF base by Hus-
sew and Thompson puts Murtha In a
peculiar position. He had talked freely
with Mr.. Whitman long before the
trial as was indicated by the testi-
mony when Abraham s. Gilbert.
Murtha's lawyer, called the District
Attorney 10 the stand. But Murtha
permitted himself TO be persuaded that
his best interests were in sticking with;
the others, standing trial and fighting,
the case 10 the last drop Of the hat.
In other words, Murtha has been left
holding the bag. and this particular ba 3
is fun of possibilities in the way OF a
sentence Of fifteen years hard labor ir,
Sing Sing prison IL jury finds this
graft indictment against Murtha Is a
true statement OF fact.
Sweeney's case is considered hope~;
less. so far as any appeal to Mr.. WhitsI
man is concerned: and Alfred J. Tai
lev who. with George Gordon Battle.
l.
when he came out Of the Tombs afterl
a visit to his client last night that in
Sweeney's case an application for a
certificate of reasonable doubt would;
he made to-day. Sweeney is In the
nosition of a man who is forced t1
fight: he is in a corner, and now that
the scramble for immunity has reallV
started he is an outsider. even TO thsf
three colleagues who stood shoulder to;
shoulder with him through the recent
trial.
Murtha to Talk Next.
Around the District Attorneys. on
fca il is believed that Murtha VILE
change his tactics in a hurry when hs
,earns Of the moves made yesterday
hv the lawyers for Thompson and.
Hussev. and because OF what steps
Murtha took on his own behalf sew
eral weeks ago, 1t is thought that once
started in that direction he will noe
delay matters by quibbling over the
..oualitv OF mercy" he is TO receive.
as Hussey and Thompson appear to be
doing.
whitman's attitude toward the cons
victed inspectors is apparently exactly
that he has held toward every man
who has confessed during the courss
NJ the inquiry that was started with
The murder Of Herman Rosenthal. He
has refused time after time TO bind
himself in any way toward prospec-
tive states witness until he had not
onlv received but tested and corrobo-
rated all the information the prospec.
tive witness had. This was the course
he followed with Rose, Weber and Nal'
lon. i'm the murder case, and he pur.
sued the same policy in the graft and
conspiracy cases later with Fox, Walsh
and Newell.
In the present climax, IL is said, hs
will insist first that the cx-inspectoI
whom he elects To do business with
must plead guilty to one Of the graf