New-York tribune., 1915-03-23

ment indicating how hard Gagan will
have to fight TO retain his oiilce. some
spectators took the statement, with
consideration of to-day's testimony. as
convincing signs that Gagan's removal
will be recommended by Commissioner
Hotchkiss.
81 have real all the testimony of the
rebuttal witnesses al the trial. saiC
the Commissioner, "and | must say
think that the rebuttal was very weak
Gagan in Depressed Mood.
Gagan, depressed when the hearing
opened, was more depressed when an
adjournment was taken at 5:45 tins al
ternOOn.
/ He saw no encouragement in the eyes
| Of the $50 spectators who had jammet
their way into the stufy chambers OF
/ Supreme Court Justice Tompklns or
/ the second floor of the Rockland Coun-
/ ty Trust Company Building. Most OF
/ them were friends who had been free
with their opinion that Tommy Gagar
was all right and did his best" There
were present almost as many women as
men. many of whom cheerfully stooc
/ throughout the day in positions quite
as cramped as rush-hour subway riders
Newman was murdered by Cleary
shortly after the noon hour July ~
/ 1918. At the trial Dr.. P. David Shultz
of Manhattan, testified that the boy
ac,ompanied by a woman, called on him
in the evening of July 22 and told him
that he, Eugene, was responsible fol
the condition of Mrs. Anna Cleary
Newman, and that they had been mar
rieG July l8, fact supposedly unknown
TO Cleary and his wife-the girls par
ents-at that time.
Gagan did not try to get from the
witness the name of the woman who
accompanied Eugene. The record shows
that. But she was discovered and put
on the stand to-day by Lloyd P. Stry
ker. counsel to Fred Newman, the slair
boys father. who made the first move
TO uuseat Gagan.
Woman Comes Forward.
And this woman, Mrs. Mabel De
fricst. Of 473 West 158th Street, swor'
il was on July 21, a day prior to tha
named bv Dr.. Shultz, that the visit wa.
made 10 the physicians Office, a state
mcnt TO cause wonder why Cleary die
not know until after he had shot Eu
gene, as he testified, that the marriage
had been performed.
BY several persons whom Mr.
Stryker experienced no difficulty II
finding. and whom he placed on th'
stand to-day, it was shown that on
Of the features in the Cleary defence
that the killing was not premedltate'
might have been successfully com
bated. These witnesses said Mlchae
Ford. chief of police, told them on th'
dav of the murder and the day follow
ing that Cleary had not used his gun
Al the trial Ford testified Cleary ha'
used the Ford gun.
Bv a number Of other witnesses
many of them not placed on the stan'
al the trial by Gagan-it was testlhe!
! that Clcary was not the irrational
drunken man in the twilight state
offered by the defence, but was tn
same Cleary they had seen often:
sober, sure-footcd. sane man.
By Mrs. Abbie Kennedy, step-grand
mother Of Eugene, II was shown tina
Gagan might have shattered the tcs
timony Of Cleary and Mrs. Clcary tina
they believed Eugene unfit TO MARI
their daughter and that they ha
moved from Haverstraw to New Gor
in 1911 to keep the girl away fror
him.
Michael F. Hughes, one Of the frs
witnesses. who was not called at tn
trial. and is a nephew Of Bernard d
Fox. testified that Cleary and Fox cam
20 the saloon run by Hughes on Jul
23. lust prior TO the murder. Fox sol
the saloon TO Hughes July 6, and stu
had some things in the Office safe.
Put something" in Pocket.
"When Cleary and Fox came in,
Hughes testified. "Clcary asked m
how business was, and ! told hr
All right Fox went into the otlc
and then / heard them talking, but
couldn't hear what they were SayIni
They were within 20 feet or me.
saw Fox hand something to Cleary, an
Cleary thrust it IN direction WhIc
indicated he had put 1T either IN d
upper pocket Of his vest or his JACKIE
| couldn't see what II was.
Didn't you say the 'Somejhl w"
something black" Mr.. Stryker ashe'
NO"
Hughes said Cleary walked straigh
and talked nationally.
Gagan. young. well set, beardles
man became more nervous as the mori
ing wore on. He blnks CONSTANT
when unperturbed, but this was mol
pronounced to-day. He Squlrmed
his chair and popped out Of It e.
citedly every few minutes. as II dt
termined to take the case into his oW
hands. HIS hair was mussed up J
front. and he worked his hands owe
his face. His attorneys, County Judg
A. II. F. Seeger and Frank Mos
former First Assistant District Attoi
ney under Mr. Whitman, had to thru,
him back into his chair very often an
they as often refused 20 heed the que;
tions he suggested be asked Of the Wi
nesscS.
The first woman on the stand wa
Mrs. De Friest. She lives IN the sam
fouse with Mrs. Jessie 3. Appleton
r mother of the dead bow and divorce
p wife OF Fred Newman. She kne'
Eugene well. She told Of the visit sh
and Eugene made TO DR.. Shultz's oihc
of Eugeue's admissions to the phys
clan, and then she said:
Eugene told Dr. Shultz 70 20 20 III
Croarv home and tell Anna that th
Doctor knew the story and tina, If Ann
acouiesced Dr. Shuitz was 10 tell IN
Clcarys Of the marriage. Dr. Shut
said he would 90 over there
George W. Meade was standing.
said. n, the gateway of his nome ]
Hayerstraw at r o'clock on the nigh
L. al -