New-York tribune., 1915-03-23

Ford came along. Ford had been OF
a Sunday school excursion all day.
Ford told me-" said Meade, that
reporter had asked him il Cleary had
used his (Ford's) gun. He said he had
told the reporter No. ..
"My gun is rusted by perspirauon'
and | can prove it, said Ford to me;
He pointed to his hip pocket and sald
be had his gun with him and had car
ricd il on the excursion. ,.-
There was other testimony 10 this
same point. At the trial Ford testi-
fed he had left his gun in Cleary
Office before starting on the excursion.
When Frank Moss wanted TO Know
how Gagan could have been expected to
know of Ford's first statements Oon-
missioner Hotchkiss remarked:
at is to be assumed that IN case
of this kind a district attorney "ouid
read the newspapers
Meade was followed by Mrs. Apple
ton. a well formed, good-looking wom--
an. dressed in black. She wore dotted
veil throughout her testimony.
On the morning of the murder, she
said. at 7:l5 o'clock. Mrs. Cleary tele-
phoned to the Appleton apartments and
after identifying herself, asked Tor
Eugene.
~ heard Eugene say to her, Did the
doctor tell you everything! mats
good
Then talked with Mrs. Cleary. She
said. 4 think things will be all night,
now that things are known ! asked
her what she thought of the children.
She said. we felt very bad, but we've
decided to make the best Of it. Mr..
Cleary felt particularly bad. He walked
the floor all night. See that Gene gets
off to Haverstraw as soon as possible. ~
Walked Floor All Night.
1t was the testimony Of the defence
at the trial that Cleary did not walk
the floor all night but roamed around
the white light section drinking until
he started for Haverstraw in the morn
ing.
Gagan, Mrs. Appleton said, told her
that because she had been divorced by
Newman it would be inadvisable to
nut her on the stand.
Commissioner Hotchkiss, question
ing. got these answers:
Mrs. Cleary said over the telephone
that she thought Eugene would make
a good husband"
Cleary's actions a short time after
The murder aroused in Louis &. Rose,
he testified. no suspicion of irration-
atty. though he then knew that Young
Newman was dead. He said Cleary
was laughing as he walked along with
Frank Chapman and Fox.
The fact that this testimony was not
adduced at the trial by Gagan caused
Mr. Moss to lodge the protest that
provoked Commissioner Hotchkiss to
remark about the weakness OF the
Gagan rebuttal. g.
Vow. if your honor has seen ht to
express an opinion at this time
Mr.. Moss began.
commissioner. m ..
10 express my opinion, too, ana IL Is
that I think the rebuttal right ana
proper C;..;onor 70.
tortcd. 81 have read the whole rebuttal
record. and | am moved to say. that !
find il weak, and unless something Is
here introduced to the contrary l snail
so report to the Governor.
"But, your honor" said Mr.. Moss,
"tbe defence introduced for Cleary was
not announced when the issue was
joined
Il may have been premature in say
ing what | did Mr.. Hotchhss re,
sponded, "but my impression is oased
on the record, which ! read in the cold
atmosphere of my own Office
One of the best witnesses against
Gagan was Miss Anna COultas, daugh-
ter of the Rev. Thomas Coultas, one OF
the leaders in the fight on Gagan. Sht
gave clear unshakable testimony III
describing Cleary's actions after the
murder. As had several other Wit
nesses. whose testimony stood up, sh'
testified that Cleary seemed TO be as
sclf-possessed and sober as he had or
the numerous other occasions she haC
seen him when there was no susplciol
that he was anything but sane an(
sober
Mrs. Kennedy told of the high regarc
in which Eugene Newman was held b!
the Clearys. Mrs. Cleary, she said
had appealed to her after she had re
fused Eugene permission, to let th'
bov take Anna TO theatre IN New
York. and that. when this permission
was granted Eugene. Anna and tn
Clearvs went to the theatre. She chal
lenged the Cleary testimony that Anna
parents went TO New York 10 get ava!
from Eugene by saying that Anna. II
a letter 10 young Newman, said Mrs
Clearv wouldn't live with Mr.. Cleary'
mother any more.
With shaking voice Mrs. Kenned!
told of Eugene's religious devotion.
and of telephone conversation on th'
dav of the murder between Mrs
Clearv and Eugene. who was at Mrs
Kcnnedy's home. Mrs. Cleary, she said
told Eugene to 90 right over t
Clearv's office; that Cleary was wait
ing for him. .,,
Sir. Stryker tried 10 show by Will
iam Seibold. the last witness. that
revolver which he has recently ad
mitted was handed to him by Fox JUS
after the shooting, was one OF sew
eral which were switched around Z
keep the murder weapon from belni
discovered. According to Seibo!d, IN
weapon handed TO him by Fox was no
thc gun Cleary used. Seibold. Charlie
, Ludwig. to whom he said he hande'
the revolver. and Harry Hughes, VIII
il ALLEGED 10 have handled II last
were arrested February %. and ar
awaiting trial on charges Of carrynI
n concealed %tapon. Gagan caused tn
arrest.
Fox, because Of the revolver Incl
dent. was arrested at the same Tim
and charged with perjury. NJ. S'ryker
i'm examining Seibold, tired TO shGV
that Gagan's activity so late IN NJ
case was part OF plan 10 clea- him
self