New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-02

sions to Gagan's own testimony at the
trial.
Gle said Just what Frank Comiskey
wanted him 70 say" he shouted. why,
the defence got in anything ~
wanted. II il wanted testimony. that
Cleary was suffering from delirium
tremens it got it," ;,
Gagan was "recklessly negligent"
continued Mr. Stryker. in not seeking
evidence TO shatter Cleery's INSANITY
defence evidence that was locked IN
the boso.ns Of Mrs. Lyman Appleton,
Mrs. Mabel De Friest, Or. Z. DAVID
Schultz and others.
81 say the Governor should be toid
the prosecution Of crime is not saie
in the hands of a man who has failed
to prosecute a case. as Thomas Iagan
did the case of William V. Cleary,
were NJ. Stryker's closing words.
Ny. Moss began summing up Tor the
accused District Attorney at p. m''
devoting his opening remarks TO an
explanation of how he was retained
by Gagan.
"Wher I came into the case" he
said, 81 found that the very name OF
Gagan aroused suspicion. | found
= great prejudice in New York. even
among my friends. ! found deep re-
ligiovs feeling stirred up over the
case.
"Mos' of the people in New York
believe that Gagan and Cleary were
bound corruptly together. And the
charges against this man were based
on "a false foundation. Prominent
brickmaking interests are behind this.
Has fraud been perpetrated on the
Governor? Jealousy, bigotry and local
interests have combined TO destroy
Gagan. This man. the embodiment OF
law, is to be destroyed by a murder
case. Here is young man OF great
ability almost broken, almost ruined.
Mr.. Moss discussed the scene be-
tween Cleary and his daughter at tho
trial, answering the charge that Gagan
could have curbed, but failed to, the
sentimental outburst.
1.-THE lamentable result in that CASE
the attorney said, was a foregone
conclusion from the moment that scene
was on. | say that as an expert"
Gagan, he said, presented to the jury
enough evidence to warrant, technl-
cally, verdict of murder in the first
degree. but practically no such verdict
would have been justified. Mr.. Moss
spoke of this in connection with points
in Gagan's summation of evidence
against Cleary.
"And that summation" the lawyer
continued, "has been extolled by men
throughout the State of New York, 1t
has been held up as a model. | re-
garded it as the work of master"
Ga.an was the last witness for the
defence. He spent about thirteen
hours on the stand, and when the pro-
ceedings opened this morning he
seemed tired
After Gagan said he had gone the
legal limit in giving the Cleary jury TO
understand that Eugene Newman was
not the infamous youth described by
Cleary, Mr. Striker asked:
what, Them Mr.. Gagan, did you
mean by saying in your summation, l
must, as public prosecutor, admit that
some OF the asperAions cast upon young
Newman are corZedt'?"
The witness said ne had not been
quoted accurately. Mr.. Striker said 1t
was from the record. Gagan finally ad-
mitted the quotation must be correct
and ne explained il by saying that it
was an unfortunate slip of the tongue.
AS soon as the Menographers min
utes are transcribed, rSe attorr tys will
begin the preparation Of briefs, d labor
that will consume about ten days. Com
missioner Hotchkiss will then review
the record and the briefs and will for
ward his recommendation TO the Gov
ernor.