New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-01-28
CASSIDY ON TRIAL;
JUDGE SUBPGNAED
Queens Ex-Boss Accused
of Selling a Supreme
Court Nomination
MR.. JAYCOX CALLED
MATERIAL WITNESS
Defence Demands His Testimony
Presided in Willett Case
Refuses Service Now.

rho trial Of Joseph Cassidy Formerly
porourh President and Democratic le"oe'
., oueens county. and his conhdenu8'
,r Louis T. walter. jr, on the charge
- selling a nomination to the supreme
com, 10 William wnlett jr. began oe'0''
nos,,ce Javcox. in the Supreme '.ou'''
Prooklyn. yesterday morning -,
~. ,,,,e was occupied until $50 o.cio0N
~. .,o,ing with the selection OF
o.. IN sendlng the jurymen to the car
endon Hotel 70 be locked up LOT INC "'r"S.
Jpstiee Jaycox told them TO 'muN ''S.
~. r,an OF holding night sessions
.,.o,,s Give them something 20 DO IN 'he
evenings and would hasten the trial TIC
x~laine6 They will report their oes''eS
this morning. c~on-
Af,er District Attorney James G. crop
tsev has made his opening address 'i''S
'p,ornine. the taking Of evidence WI" o'
gin. 49, .,.or,ev
..,.i,h .bs annro, Al Of Robert NJ. Moore az
,or,sv for walter. served Justice JayeoN
with a subpoena when he reached Vou'
/ about II O'Clock yesterday morh'hs' luz
raper directed the justice 10 appe" o.
the trial as a witness.
. Justice Javcox told Mr.. Elder that II ne
lsxneeted him TO attend as witness ne
would have 10 serve him with an afnuaNit
1 showing what he intended to prove Later
/ Mr. Ilde- fled the AFFIDAVIT, but justice
Jsvcox is vet 10 decide what ne VIII 40
/ u Re had accepted the subpoena yester-
tdsv morning. he could not have presloeo
70, the trial. Justice Jaycox presided al
itha trial Of William Willett, who was
convicted Saturday night Of purchasing
a nomination 10 the Supreme Court a.'s'
the Jury had been out only forty minutes
At the end Of the morning session yes
terdav Mr.. Elder declared that he would
certainly call Justice Jaycox to the VII
ness stand.
What can Justice Jaycox do when you
call him?" Mr., Elder was asked
I'VE are not worrying about that re-
Piled the lawyer.
When Justice Jaycox was asked ms IN
tentions, he replied:
u will decide each question as It comes
vn 7 can't predict what Will happen"
the subpoena was signed by Mr.. Moore
and read
81 am one Of the counsel for the de-
fence herein. I have discussed the facts
and circumstances OF this case with the
defendants and with my associate coun-
SCI and I know the facts Of the defence
anu what the defendants desire and ex-
pect 10 prove. I have caused the Hon
Walter II. Jaycex to be subpenaed as a
witness for the defence. He will be called
as such witness It is my opinion that ne
will be and is a material and important
witness"
When this was shown Justice Jaycox
he said:
'eYou must submit facts and not con-
illusions. Which one Of you gentlemen
secured this subpoena from the County
Clerk?"
They explained that It had been OBJ
tanned by one OF Mr.. Elders office assist
ants. and that Mr.. Moore had signed the
afadavit because II was thought that the
testimony Of the Justice would AFFECT Mr.
Walter more than Mr. Cassidy.
do you now say that you are equally
resnonsibie for this move" asked Justice
Jayocx.
'rYAs, we do replied the lawyers
THAT Ia all; let the trial proceed
ordered the court
Another attempt to secure delay was
made By Mr.. Elder who asked that the
linnic+meut against Cassidy be dismissed
}on ma ground that It was obtained on I'm
urcper evidence, and that he be allowed
to innpect the grand fury minutes a.
soma witnesses had been called before the
3uYy Who had not appeared before Justice
lSna6dsr when he sat In Long Island City
az q committing magistrate In the fall Of
Ibad. Mr.. Moore then made a similar
motion upon similar grounds In behalf OF
thia client Both motions were denied.
Tne flrymen. who were selected from
gpsraai panel Of one hundred and ffty
arat Stephen S. Powell wholesale shot
dSaiez. No. ga McDonough streets Johr
c1odhtT, provision dealer, No. 81 lander
xtneeA: Frank L Kenny, salesman, No
1874 Eighfh avenue; Robert W. Cox
broker. No. 7os Madison street; Waite
II. Young, insurance broker, No TO-
Madison street; Edward W. Phillips
manager Of an electrical apparatus frn
No. 1878 East seth street; Michael NJ
Nolan. plumber. No. lib Kenifwort
Plaza: ]. Lazarus, tobacco dealer, Nc
2se Clermont avenue: Joseph O. Tully
manufacturer. No. 44S Monroe street
Isaac G. James, stock broker, No. 1872
Dorchester Road: Nathan scheilenberg
clothing dealer No. 244 Carlton avenue
and Henry Klappenberg, retired hote
keeper, No. % Hawthorne street