The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-01-30
CASSIDY MAY
FORCE MISTRIAL
His aud Walters Lawyers
Plan to Put Justice
JaycOx on Stand.
TELL OF BIG DEPOSITS
Bankers Say Accounts of
Boss Ran Up Before
Primaries.
McCOOEN Is 4 WITNESS
Puts Choice Of Willett Entirely
Onto Shoulders of Queens
Leader.
McCOOEN Is 4 WITNESS

lHt dllOlneNs 1uIlN joe SsosluS'
eX-boss of Queens county, and Louis T.
Walter. Jr., his lieutenant. charged with
conspiracy 90 sell a Supreme Court nom
ination 10 William Willett. Jr.. intend to
so through with their plan OF trying to
nave the proceedings before Justice Jay
con in Part VII of the Supreme Court In
Brooklyn declared a mistrial. Robert NJ.
Moore. lawyer for Walter, announced in
rsrentially yesterday that he intends 20
call Justice Jaycox a witness for the
defence.
When inquiry was made Of Robert II.
Elder. Cass!dys attorney. he said. ASK
Moore" Mr. Moore said:
AT the beginning OF this trial an
nounced my belief tina, Justice Jaycox
was a material and important witness for
che defence. and 7 still believe So l
would not he protecting the rights o. my
silent unless called every material and
important witness TO testify IN his behalf.
You can draw your own conclusion from
that"
Asked 10 put /; In SO many words that
he intends to try TO cali Justice JaycoX TO
shc stand to-day. Mr.. Moore refused
This clash Is likely to come to-day. as
District Attorney Cropsey will probably
finish the case FOR the people by the close
Of the morning session.
Lawyers in the court room agreed that
tbs move would have the result OF
making the present proceedings a mis-
trial, as Justice Jaycox could not properly
cit In trial where he IL an important
and material witness, nor could another
Justice be summoned to SIT while he Is
on the witness stand.
Probable Testimony MYstery.
What Justice JaycoX could testify TO
IL mystery. II is also a question
whether he would consent 10 accept the
service of "A subpoena He refused to
accept a subpoena before the start Of the
trial on Tuasda, unless counsel disclosed
their reasons for summoning him Mr.
Moore then made AFFIDAVIT that lie had
bona fide reasons for calling Justice Jay
cox, but the Justice ruled that the am
.lavit was not conclusive. and failed to
disclose any real reasons why he should
he called.
The belief that William Wiliett, Jr is
ready to testify egains, Cassidy and
Walter became general yesterday. al
though District Attorney Cropsey refused
% confirm the report. The District At
aorney added strength Ia the general
will move this morning, when Willett is
summoned to have sentenc" imposed TO
have the sentence postponed until after
ihe present trial.
Mr. Cropsey would only say that his
motive is one of common fairness: that
ne does not believe II would be fair 10
Cassidy and Walter. being tried for the
a&me transaction for which Willett was
convicted. Tor their jury to see Willett
sentenced; but 1t added strength to the
Impression that Willett Is trying to
decker with the District Attorney on the
nasis OF light sentence in return for
ais evidence.
In this connection IL ~ known that
Willett sent an agent To Mr.. Cropsey on
Monday TO learn what effect II would
have on Willetts sentence If he turns
States evidence.
The District Attorney produced some
new evidence against Cassidy and Wal
Ter yesterday, evidence that was not nj
Vowed In the Willett ease. ON Thurs
yisy he proved b. deposit slip OF the
Astoria National Bank that Cassidy had
deposited $4,000 in cash on September
a6. He threw more light on Cassidy s
.And Walters bank accounts yesterday
Bis Deposits by Cassidy.
William McC;ready. receiving teller OF
Ahe Far Rockaway branch OF the Bank
nj Long Island IN October. 1871, tdcnu-
fed deposit slip dated October Q, 1871
showing that Joseph Cassidy had de-
posted on that date s12,lT0l5. or this
amount $1,000 was In cash.
He identified another deposit slip dated
October TO- 1911, showing that on that
date Cassidy had deposited $l.24376. OF
which $500 was In cash.
Richard Van Siclen, receiving teller OF
the First National Bank Of Jamaica, iden-
iifled a deposit slip dated october 10. 1911.
which showed thai JoHph Cassidy had
deposited In his bank ON that date $1,000
of which $500 was cash. That is, all these
transactions showed that from September
f6 to October 10 Cassidy had deposited IN
three banks--inclusive Of Thursdays tes-
'imony-s2o.oi3 of which $4,000 was
cash.
Kenneth Cornell. receiving teller Of the
Far Rockaway branch OF the Bank OF
Long Island. identified deposit slip
which showed that on October :. 1911,
Walter had deposited $500 In cash In that
bank II mas already been proved that
on tho same date Walter deposited $1,000
IN cash IN another bank
McC0oey Tells OF Conference.
Oac of the ms, witnesses yesterday was
John D. !!uCooey, Democratic leader OF
KINGS county lie said that when the bill
providing for three new Justices was
signed the Kings leaders were averse "a
giving one OF these nominations to a
concession was made to Cassidy three
DAYS before the convention. He said that
when this matter had been agreed upon
Cassidy refused to name the man whom
he intended 10 pick, McCooey said that
the name Of Connolly had been suggested
Cassidy suggested five or six names
70 him, and McCoOey admitted that he
did not know which OF these Cassidy
Favored until just before the convention.
President Samuel r. Smith, president
Of the Bank OF Long Island, repeated his
testimony given In the Willett trial, which
AZ one OF the strongest points OF the prose
Oayeton. He said that Willett came to hin
the day Of the judiciary convention dnt
got a loan OF $4,000. He quoted Willet
rs saying that he required the money I,
get the nomination lie also said thai
after the convention Willctt visited his
home In Freeport and begged him to keey
the loan secret,
One OF the most interesting wltnesse,
81 the day Was Harry II. Gelwick, 81;