New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-06
Weakness of Defence of Ex-ln-
speCtors Disclosed in Argu-
mentS to Jury by Battle
and WeIIman.
WHITMAN SEES CONVICTION
Sipp and Walsh Singled Out as
Unworthy of Belief, and Newell
Is Called a Self Confessed
Criminal-Verdict Ex-
pected To night.

| Murtha, James f. Thompson and
James f.. Hussey probably will BE
known tonight. District Attorney
| Whitman expects the conviction of all
| four men. The jury. he thinks. viii
deliberate less than an hour.
The most sanguine of the friends Of
| the accused police chiefs hope at best
| for a disagreement as to Hussey and
| Thompson. with a bare possibility of
acquittal for Murtha. Sweeney they
| have given up as doomed.
| But the members of the staff of Dis
trict Attorney Whitman all believe
| that even if the state had presented a
less formidable case the failure of the
prisoners TO take the stand in their
own behalf condemned them.
| The strength of the states case was
demonstrated in the summing yester-
| day afternoon of two of the lawyers
/ for the defence. George Gordon Battle
and Francis i. Wellman, of the evil
/ dence offered by the many state wit
/
/ Sipp and Captain Thomas w. Walsh.
was assaled in a general way: ard
! this attack was more in the nature or
an attempt to show them unworthy Of
belief rather than an effort to break
down their testimony
Rouss and Newell Attacked.
nj 1rtsD DrI Ilfs L. n
/ Newell. the lawyers who testified
against the four inspectors. were rot
spared. ,lr Wellman called Newell IA
self-confessed criminal" Mr.. Battle
told the jury that Rouss could be cas-
/ lily indicted on his own testimony" For
these reasons. they argued, the testi-
mony of the two lawyers ought TO be
disregarded.
I self, Mr.. Battle declared that even
though all the evidence of the state
was believed. no conspiracy OH the part
of the defendants had been proved.
Mr.. Wellman added that sipp left The
state of his own free will. and that,
therefore. there could be no conspiracy.
When Mr.. Wellman finished IL was
almost q o'clock. and Justice Seabury
ordered an adjournment until 1890
o'clock this morning. When court
opens this morning Abraham S. Gil
: bert will sum up on behalf Of Murtha.
( He will be followed by John B. Stanch-
7 Eald II I'M 10
son, will also plead for all of the ac-
cused men. Mr. Stanchfield will &C
I cupy about three hours.
The afternoon will be taken up by
District Attorney Whitman's argument
for the people. and when he finishes
Justice Seabury will charge the jury.
Mr. Battle opened for ;he defence
yesterday. While he spoke for Swee-
ney, he actually devoted the better
part Of the allotted hour and three
quarters to a summary of the evidence
against the four former inspectors.
Pleaded for Families.
| Like Mr.. Wellman, he made the most
OF the character witnesses called by the
defence. Both attorneys told of the
"long and honorable" careers Of the
| four accused men on the police force
and spoke feelngly Of their families.
These men, said Mr.. Battle. made
unpopular by calling are not such as
are usually brought to trial in Grim
] inal court. They are men who have
| won distinction In the Police Depart
ment by rising from the rank of patrol
man to the highest position in the uni
formed force. They are all men who
have won and enjoyed regulations for
| honesty, integrity. truthfulness and
fair dealing in spite OF the fact that
they have been following calling
which tends to render men unpopular" ="
He spoke Of Sweeney's record in the
Police Department. with one mark
against it-that OF fine OF half days
pay for a minor infraction of the rules
when a patrolman.
"The conviction of these men means
more than "A conviction Of the ordinary
type of man who stands here before a
| Jury" added Mr.. Battle. With these
men a conviction means disgrace. ruin.
a forfeiture Of office and a forfeiture
of their pension, for which they have
worked all these years and which they
had looked forward to in their old age
| A conviction would be as serious to
them as though you condemned them
to death Bear that in mind when you
are celebrating in the jury room.'
Mr.. Battle then read the indictment.
translating IL into the layman's tongue,
and continued:
Assuming everything said here to be
true, nothing has been shown that
would prove that any OF these four men
conspired TO prevent either George A.
Sipp or his son Howard from testify
ing"
Then began his general attack on the
character Of the witnesses for the state.
He singled out the elder Sipp. Captain
Walsh and Rouss and Newell.
sipp Called Corrupt.
Sipp he described as the worst type
of a degraded and corrupt character.
He said Sipp made the accusations that
led TO the present proceedings because
Continued on second page. third column.