New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-01-31
Court Holds No Inference
Should Be Drawn Over
Sentence Delay
STATE RESTS IN
CASSIDY TRIAL
Question of Justice Jaycox TAX
ing Stand for Defence
Again Looms Up.

The People rested Yesterday in tho trial
of joe Cassidy and Louis r. Walter. Jr.
ut 50 late i'm tho afternoon that tho law
yers for the defence had only time enough
before adjournment 10 make a few formal
motions. II will take them almost all of
to-day TO pat their case before the jury.
which raises the question again Of the
sentencing OF William Wllett.
WiUett. who was convicted of buying
the Supreme Court nomination which CAS-
sidy and Walter are charged with selling.
would have been sentenced yesterday
morning 10y Justice JaycoX. who is pre-
siding over the Cassidy trial in the Su-
preme Court. Brooklyn. IL objection had
not been made that it might pre- judice
the Cassidy jury against the defence 90
witness the imposition of sentence. Rob
ert NJ Moore. counsel for Walter. urged
The court 10 send the jury ont Of the room
while he sentenced Willett
There viii not he any necessity FOR
that" replied Justice JaycoX. The court
has put Of sentence until tomorrow"
Did the court believe that to-day the
trial would he out Of the way. or had ne
acceded to a request for postponement of
sentence from District Attorney Cropsey
because the latter hoped little additional
pressure would cause Willett to turn
states evidence against Cassidy and Wal
ter? The court, asked why he had post
poned sentence. replied
He will be sentenced tomorrow. No
inference should he drawn. as IT was con-
sdered improper to sentence him before
the jury"
But the jury will be there to-day also.
The question Of what will happen then is
taxing the speculative abilities OF every
one interested i'm the situation.
Willett. who had come over to the court
room from Raymond street jail in the
custody Of two deputy sheriffs, remained
there only a few minutes. and then
crossed the corridor TO an empty room,
where his wife joined him. They had a
long conference while the deputy sheriffs
kept the curious at safe distance.
Still another question of moment relat-
ing to the trial IS itching for settlement
to-day, namely is Justice Jaycox going 10
take the stand as a witness for the de-
fence and. in that event. what is the
procedure? Mr.. Moore said yesterday he
stood by the affidavit he had made at the
beginning OF the trial-that Justice JaycoX
was a material witness. II is -onerally
supposed. however that the JUST, would
declare the present a mistrlal if he de-
cides it incumbent upon him to become a
witness
Marinus Willett. brother Of the con-
victed man. occupied the stand the great
or part Of yesterday. The District Attor-
ney tried to show through him that the
stock Of the Automobile Building Com
pany and OF the Cabinet Land Company
which Walter sold TO Willett for 5000
Just before the latter was nominated for
the Supreme Court. was practically value
less and had served merely as blind 70
conceal the real nature Of the transaction.
Justice Jaycox denied the motions of
Robert II. Elder, counsel for Cassidy. and
Of Mir. Moore to dismiss the case against
their clients on the ground OF insufficient
evidence.