New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-22

o'clock last evening. and Justice Sea-
bury. deciding that the jury should be
kept in custody, announced that as they
could do nothing else with their time
and as II would help to get through the
case more speedily, night sessions
would be held whenever witnesses were
avalab BILE.
Traces Kendall Bill History.
! Mr. Mott, in his opening. went over
carefully each detail Of the story. as It
was testified to in the Senate inquiry.
1 He traced the course OF the bill by
which Kendall hoped 10 end discrimi-
nation as TO engravers by the Stock
Exchange. from its conception in KEN
dalrs talk with Governor Suzer to its
stormy career in the Codes Committee
Of the Senate. OF which Stilwell Is
consideration of Kendall. the principal
witness for the state.
Kendall was not actuated by any
spirit OF revenge" said Mr. Mott: he
not be shaken down for what he be-
lieved was a good bill that ought TO
pass. There is no question here Of the
merit Of the bill. II IT was good bill
money should not have been demanded
for its passage: IL II was a bad bill
then 1t was doubly worse 10 allow 1t to
go through and become law because Of
money consideration"
It was a simple question OF whether
members Of the Legislature can sell
their votes or influence with impunity.
Mr.. Mott said. and he hoped the jury
would consider the matter from that
standpoint only.
Preparatory TO Kendall's testimony
Mr.. Mott put on Sidney I. Ross. docu-
ment clerk OF the Senate, and George
r. Van Nance, clerk Of the Assembly.
BY their te-timony and the concessions
from the defence that vent with It the
record was put into evidence that the
| bill prohibiting the Stock Exchange
from discriminating as TO engravers. Of
stock and bond certificates was intro
duced in the Senate by Stilwel. and re-
ferred to his committee on February p.
reported on March - and introduced
| In the Assembly on March 2S.
1t developed. however. that the Dis
trict Attorneys office has been unable
to find the clerk Of the Senate Codes
| Committee, John Popp. wanted as
| witness in connection with the discus
sion Of the bill in Senator Stilwelrs
committee.
I'VE have been unable to find Mr..
Popp" Mr.. Mott informed the court.
| although our process servers have
| traced his movements from Albany TO
New York"
Ross said, after he left the witness
stand, that Popp's term as clerk Of the
Codes Committee expired on May 3. but
! that he had been seen in Albany since
that date.
IL was almost 10 o'clock last night
when. with the technical records all in.
Kendall, the chief witness against Still
well. took the stand. The president of
| the New York Bank Note Company
was plainly nervous. and he spoke at
first in such low tones that his voice
carried scarcely the length OF the jury
box.
Kendall Tells His Story.
He recited rapidly the story Of his
long fight against discrimination on
stock and bond engraving by the Ex-
change, bringing the narrative quick
" TO the time when he called upon
Governor Sulzer. February 13. Act
ing on the advice OF the Governor. he
said. he went from the executive
chamber directly 10 the codes COM
mittee room TO see Senator Stilwell.
"I said to Senator Stilwell that the
c.overnor had sent me to him" said
Kendall. "and | told him I'd like TO
explain 10 him about the engraving
monopoly resulting from the attitude
of the New York Stock Exchange. /
told him the profits OF that monopoly
were $4,000 a day. and that because OF
the monopoly. double prices were
charged. our concern, ! explained TO
him. represented a value OF about
three-ouarters OF million dollars. and
while he explained that ii was not GUS
tomary for a Senate committee to take
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