New-York tribune., 1915-03-24
Sensation at Gagan Hear
ing When Fox Is Asked if
He'll Waive Immunity.
EFFORTS TO BLOCK
INQUIRY CONTINUE
States Hunt for Accessory in
Newman Murder New Turn
at Hearing.
From A.. star Correspondent Of The Tribune.

Nyack, n. Y, March 23.-The key
note of a new line of investigation into
the Gagan- Cleary murder trial scandal
was struck tonight, when Lloyd 4.
Stryker, counsel to the anti-Gagan
forces, bent over toward Bernard j.
Fox, in the witness chair, and eX-
claimed:
81 now ask you. Will you waive i'm
munity in regard to any fact that
might lead to connect you with the
killing Of Eugene NJ. Newman?
Fox, chum of Cleary, the acquitted
murderer of his eighteen-year-oid SON
In-law, was brought up stiffiy by the
question and his hands started sud
denly UP the sides of his purpling
face. His lips broke apart from their
smiling crescent.
T-will," he said, his eyes popping
with surprise.
Fox sat stif1y, waiting for another
question along this line, but ME-
Stryker turned suddenly away from
that precise point to go to another al
most equally important. This was
about the mystery Of what gun Cleary
used in the killing.
Fox. after he had been carefully led
through a description of the murder
was sharply brought to the point OF
what he did after knocking the gun
from Cleary's hand.
81 picked it up and put it in my
right-hand pocket, think, and carried
it with me all day, bringing 1t home
at night. when | gave it to my wife,
he answered.
lust then-it was 1O:30 to-night-as
Mr.. Stryker was about to ask him Why
il he had the murder gun, he slipped
another revolver TO boy TO hide for
him, an adjournment was taken TO
morning.
State Wants Expiation.
With sensational suddenpess the in
vestigation of District Attorney Thomas
Gagan's questioned conduct of the trial
of William V. Cleary, acquitted slayer
of his young son-in-law, was turned
into a hunt for evidence against a pos
sible accessory to the murder
Though armed with no criminal au-
thority Commissioner Hotchkiss, aided
by Lloyd P. Stryker, and aided also at
times by Gagan's counsel, jumped from
the original line of investigation to
find:
Whether the revolver used by Cleary
was hidden and another handed to the
authorities for production at the trial;
Why Bernard j. Fox, chum of Cleary
and a witness of the murder, handed a
revolver to boy, with the instruc-
tions, Take this to my saloon;
Why the boy to whom Fox gave the
gun is so certain it was not used in the
killing;
Why each person WIN handle that
gun on its trip to the saloon gave testl-
mony to-day that con1itsed with the
testimony of all the others;
Why it seems impossible to find that
gun now;
And why high priced lawyers ap-
peared unbidden to defend poor young
men involved in the revolver scandal.
In the surprising incidents OF the
day Rockland County's most notorious
miscarriage Of justice was brought out
more strikingly than ever before. The
men who do not want the facts to come
out engaged on and off the. witness
stand in a contest against the Com
missioner and Mr.. Stryker. They tired
ali available tactics to block the IN
vestigators. Even when the Commits
sioner and the lawyers motored to
Hayerstraw TO take the testimony OF a
witness at the latter's bedside, word
was telephoned ahead 70 the home OF
that witness: "The investigators are
That Mr.. Hotchkiss purposes trying
N have some one brought to book for
the political conspiracy that is bent on
saving Cleary's friends from harm was
EXPRESSED in the statement he made as
Continued on page 5. column