The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-01-28
SUBPOENA JUDGE TO
STOP CASSIDY TRIAL
Justice JaycOx Defeats Bold
Move Of Two Lawyers
Jury Is Chosen.
TALE OF WILLETT .DICkER
RumOrs Tie Will Testify A gainst
Politicians for Light
Sentence.
TALE OF WILLETT .DICKER'

Robert II. Elder and Robert ". Moore.
lawyers respectively for Joseph Cassidy.
ex-boss Of Queens county. and Louis T.
Walter, Jr, who are accused of con-
spring to sell william Wlllett his NOM
ination for the Supreme Court bench in
1911, made bold move yesterday. Just
before the trial began before Justice
Jaycox in Part VII. OF the Supreme Court
in Brooklyn they served the jus
tee with a subpoena as witness. This
Of course would have eliminated Justice
Jaycox az trial Judge.
Justice Jaycox sat in the trial last
week of willett. who was convicted by the
Jury in forty minutes. On Mon
day night Elder and Moore obtained
subpoena from Justice Van Siclen and
served 1t upon Justice Jaycox in cham
bers. II commanded Justice JaycoN to
appear in Part VII. yesterday morning as
a witness.
What's the reason for this?" Justice
Jaycox demanded.
Must we give away 10 the prosecution
our defence?' asked Mr.. Elder
FatI in Enort 70 stop Trial.
You must submit an affidavit to tn,
court stating your reasons for this
1
was sworn to and filed with the court
Robert NJ aioore. being duly sworn.
says
II am one OF counsel Tor defence herein.
have discussed the facts and circum-
stances Of this case with the defendants
and with my associate counsel. and
I know the facts of the defence and
what the defendants desire and expect to
prove. That ] have caused the
Hon Walter IL JaycoN To b. subppnaed
as a witness for the defence, and II is
bona fide my intention to call him as a
witness for the defence. He VIII be
called as such witness.
1T is my opinion that he viii be and
is a material and important witness"
Your witness is not here said Justice
JaycoN. There il q Walter JaycoN sitting
as the court. not as an individuality, l
know OF no witness JaycoN. fou'l have
to give material grounds why the wit
ness JaycoX should be produced"
He refused to accept the service OF the
subpoena and ordered tho trial To go on.
Mr.. Elder read long list Of motions
| for IN. dismissal of the indictment for
long list for Walter. Justice Jaycox de-
MED them all.
These ar. the Jurors who viii hear the
case against Cassidy and Walter;
Foreman. stephen |. Powell. shoe dealer,
| 6li Mcpougall street; John Gledh!ll.
'ONlSlpIrs % l.4ut4'''i avenue ItlN L.
Kenny. travelling sale >man, IA Eighth
! avenue Robert ". Fox. 2o3 Madison
street. Walter II. Young. insurance. 100
Macon street; Edward ". Phillips. cleo
trical apparatus. 1878 Eighty sixth street /;
| NJ " Nolan. boss plumber, llS kenll-
worth place T.. J. Lazarus. tOoacco. $50
Clermont AVENUE Joseph c. Tu!ly, manu-
| facturer. 443 Monroe street; Isaac q.
James, stock broker 1923 dorchester
/ road Nathan Shellenburs. clothing, 22+
Carlton avenue and Henry lNlappenberg,
| retired. 25 Hawthorne street.
The jury was completed at 6;i5 yester-
| hay evening after forty -five talesnen had
| peen examined.
| There We're plenty 81 rumors during the
] DAY that Willctt would try 10 "dicker"
with District Attorney Cropsey for a light
sentence as reward Tor test.fying against
| Cassidy.
! Wlllett remained IN the Raymond street
| Jail. refusing to see any on" Mr.. Crop
! sey said that II Wilett would send for
him he would see him. but that no mes
| sage had been received that Willett
| wanted To see him
! TO offset the rumurs OF W!ilett turning
! States evidence was the argument that
Wlllett would stand a better chance on an
| appeal If CASSIDY Mere acquitted, and that
! II WA not TO W!lletts interest 70 try 10
| convict Cassidy.