New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-03

IL he would see Murtha. lie SAID, eS.
accompanied Inspector Murtha.
Did you go into room known as
the study" asked MIR. Whitman.
1--WE did"
WAS there a conversation in which
you. Murtha and the District Attorney
partiCipated''
There was"
state the conversation.
Mr.. Gilbert jumped to his feet. pro-
testing against the admission Of the
conversation declaring it was in the
nature of a confidential disclosure, and
that II the statements were made under
threats the conversation could not be
admitted
District Attorney Whitman replied
The conversation was not held in con-
1dence and that no threats had been
made. A wrangle ensued. which re-
sulted in the District Attorney being
sworn.
Justice Seabury ruled that the Dis
trict Attorne, could not be questioned
on any subject save the conversation
in dispute.
What was said about the converse
ton being CONFIDENTIAL was MIR. Gill
berts first question.
The question ''riled" the witness. and
with face flushed end eyes blazing. he
replied with a show Of anger:
Nothing. Not when Thomas, Murtha
-. . -,
was when Thomas LETT the room that
Murtha said he had something to say
to ME that was TO be confidential and
TO be told TO no one. That converse
ton have kept sacred and intend &c
n do so unless you ask me TO tell It,
n Mr.. Gilbert disclaimed any such in
Intention. Whoreat the witness con-
tinued:
"Murtha said in the other converse
ton that he did not mind who wal
present"
Didn't he say something about q
dictagraph?'' inquired Mr. Gilbert. tC
the amusement of the state.
YES" replied Mr.. Whitman with g
smile. HE asked me If one was il
the room, and / told him there wa:
none. While Murtha was talking with
us, in another room was Inspector
Dwyer But neither inspector knew
the other was there. L told Murtha
what information j had against him
and he said: Can l say something tc
you in confidence 1t was then
Thomas left the room"
Thomas Quotes Whitman.
Mr.. Whitman was excused and ZAP
Thomas recalled. In response to ques-
tons by the District Attorney Thomas
continued:
Judge Whitman said TO Murtha: You
are one Of the five men who have plotted
to keep Sipp out Of the state Murtha
replied he did not know Sipp and had
never seen him In his life. Judge Whit
man asked him II he did not know Fox
Murtha said he saw him at his trial al
headquarters. and said to him. Young
fellow. am sorry for you He said
also. 4 would chip in share to support
his family. but as for sipp. have not
paid any money for Spp as yet"
to show that Thomas had sent an inves-
tigator employed by the District Attor.
ney to invite Murtha TO visit Mr.. Whit.
mao. but al" Thomas insisted Murtha
came voluntarily.
Thomas was preceded by Charlotte NJ
Wurthner. a telephone operator from Far
Rockaway, who testified that all records
showing out-of-town calls from and "a
"Hammels e52"-Hussey's number-from
November 20 to March 10, which included
the period Of the alleged conspiracy, she
mailed to Inspector Hussey after re-
ee1et from members OF his household.
Telephone Trick Exposed.
Husseys trick was not discovered until
District Attorney Whitman tried to ge,
the record of the telephone calls. Hus-
sey sister tried to explain this away by
saying that the records were asked fos
because she wanted TO know what to
charge q Manhattan steamfitter employed
in the house for calls to Manhattan dur
ing his stay there. And her housekeepel
was called for the same reason.
The day began with the calling OF jacob
Rouse to the stand for redirect examina-
ton. He was questioned by Assistant Dis.
triot Attorney J. Kirkland Clark. He had
Rouss tell Of his relations with Fox. fol
whom he was counsel up TO the time he
confessed to the District Attorney.
Francis l.. Wellman cross-examined
him, and had him say that Edward Jack
son Newell. sipp's lawyer. told him hs
had urged Sipp TO 30 away because II
might hurt his friend Captain Walsh. to
have him remain In New York. Rouss
told Of the raising Of the Sipp hush fund
and of passing it on to Newell. He said
he gave $3.50 to Newell. He understood
the money 10 be counsel fees. he said.
Newell was the next witness called by
the state. Newell. who has pleaded guilty
to persuading a witness TO remain out OF
the jurisdiction of the court. told Of his
relations with Sipp, whose counsel lac