New-York tribune., 1915-03-26
SAYS GAGAN'S AID
SET CLEARY FREE
Continued from paEo 1

Waldron-who testified yesterday-snd
u man named Springer.
"Cleary came to where ! was sit
ting" Mr.. Driscoll swore, "and said,
Can / sit down? p l said, Certainly!
him, for he had been drinking the
night before. | made slight comment
on that.
"Then he told me that he had an
important engagement in Haverstraw
that day, and that we would see all
about it in the papers the next day.
After that we talked Of politics, and
when the train got to Haverstraw
Cleary remarked that the trip had been
shortened by pleasant conversation.
IL saw Cleary get into an automo-
bile with Bernard J. Fox when we
stepped off the train, and they went
away"
The witness said he hadn't smelled
liquor on Cleary's breath, but that
there was evidence he had been drink
ing. Cleary, he said, seemed to be
perfectly rational in his talk and in
his actions.
Mr.. Driscoll did not testify at the
murder trial. The importance Of his
testimony IN breaking down the con
tention that Cleary was in a twilight
state" is obvious.
Commissioner Hotchkiss and Mr..
Stryker questioned the witness to-
gether after that. Mr.. Driscoll said
nestle troubles. The witness said Ca
gan did not send for him. lie told of
the incident of the trip that evening,
when he learned of the murder, to his
wife, his son, candidate for District
Attorney against Gagan last fall, and
to another man. At first the witness
testified that he had told the members
Of his family and the other man about
the Cleary matter in confidence, but
later he withdrew that statement. lie
said he told it openly TO hundreds OF
other persons in Haverstraw and could
see no reason why the District Attor-
ney didn't hear it, although he him
self had said nothing to Gagan.
Testimony Withheld.
The Commissioner took over the wit
ness and asked him if he did not think
it his duty TO take such important
evidence to the District Attorney. Mr.
Driscoll, in answer to a number OF
questions on this, said:
There had been a big political fight
in haverstraw for more than a year
had been opposed TO Cleary, and
did not want it thought that | wanted
to send a man to the electric chair
didn't want to be put in the position
Of d man volunteering evidence that
would send man to the chair. | had
q good business, and ! didn't want 70
thrust myself into this"
He was subppnaed 20 the trial, he
said. At the end Of the afternoon
session of the second day, he said, he
heard Gagan tell the court that the
only witnesses yet TO be called were
some doctors and experts. That con-
vinced him, he said, that he was not
needed, so he went home.
MIR. Moss asked him if he hadn't
heard Mr.. Gagan say, And witnesses
in rebuttal." The witness answered
tnat Mr.. Gagan might have said il. but
that that would not change the stu
alton, inasmuch as he didn't know he
could take the stand as a rebuttal wit
ness.
Commissioner Hotchkiss was so in
terested in this testimony that he
asked the witness to give him the
names he could recall of the persons
TO whom he told the story of the train
trip between the time OF the murder
and the time of the trial.
Frederick +. Newman testified that
when he brought the fact of the dis
covery of a new witness, Mrs. Mabel
Defreist. OF Manhattan, 70 the District
Attorney, the latter STALLED" him off.
Mrs. Deffeist was not called at the
trial. On cross-examination Newman
admitted he became intoxicated during