New-York tribune., 1915-03-26
CLEARY SAVED
BY GAGAN'S AID,
SAYS WITNESS
Testify That Prosecutor
Helped Defence Blacken
Dead Boys Name.
SLAYER PREDICTED
HIS OWN CRIME
HaverstraW Financicr Denies
Town Clerk Was Drunk Be.
fore Shooting Newman.
From star Correspondent Of The Tribune

lOl Z oiiOOtIuS lNN uiaii'
From STAFF Correspondent Of The Tribune
Nyack, n. Y, March 25.-"Tha,
turned out to be Interesting stuff gave
you about young Newman, didn't it,
Frank"
This statement, alleged to have been
made by District Attorney Thomas
Gagan to Frank Comesky, counsel to
William V. Cleary. just before the YER
dict acquitting Cleary was rendered,
was repeated by witnesses on the stand
in the Gagan removal proceedings here
to-day and so shocked Gagans attor-
neys with surprise and dismay that
they left the courtroom in the attitude
of fighters in n lost cause.
1t was the most sensational and ef-
fective testimony given against the ac-
cused District Attorney during the
hearing. 1t supported the charge of the
Haverstraw citizens committee, which
includes Frederick L. Newman, father
of Clearys slain son-in-law. that Gagan
was corrupt in his prosecution of tie
murderer in that he aided the defence.
The main feature of the Cleary de-
fence was that the haverstraw political
boss shot the boy because. prior to his
attentions to Anna Cleary, Eugene
Newman was reported to have had re-
lationJ with other women.
Cleary's Words Recalled.
Cleary, in his weepy testimony on the
stand at the trial, laid great emr hasis
on this. lie said that a man told him
Eugene had become so soundly in
trenched in the affections of some Of
these women that "suitors' of the lat
ter confded to policemen that unless
Newman were kept away he would be
assaulted.
So at the trial this gave Comesky
opportunity to picture to the jury the
breaking of Clcary's heart and the
disorder Of his mind when he heard
that his pretty daughter his fsvorte
child, had thrown herso!f away on a
boy of hopelessly bad character. I'm
doubtedly that and the melodramatic
scene between Cleary and his daugh-
ter as she was about to testify were
for the verdict. The tes-
tir ony on this to-day closed the case
against Gagan.
The first witness called was John K.
Winkler, Of "The New York American"
He and Donald II. Clarke, of THE New
York World he testified, went into
the justices room in the County Court
House at New City short time before
the Jury reported. They found Justice
Joseph Morschauser, who presided, sit
ting at d desk in corner, busy. Co.
mesky and Gagan were there, near
table, some distance from Justice
Nlorschauser, who was not in the room,
Mr.. Winkler thought, when the alleged
statement was made.
Reporters and lawyers, Mr.. Wlnkler
said. discussed a number of things be-
fore the District Attorney brought up
the Cleary case by remarking to Co.
mesky:
Fran, you made great use OF that
woman evidence ! gave YOU"
"Mr. Comesky just grunted in reply
said the witness.
Gagan and his counsel, Frank Moss
and A. II. f. Seeger, Strengthened up,
and after Lloyd b. Stryker, attorney
for the prosecution, had finished with
the witness Mr.. Moss began cross-eX-
animation.
Witness Is mistaken.
That aid rot shake Mr.. Winkler's
story. and he was soon dismissed. Then
Mr.. Stryker called Mr.. Clarke.
The reporter was asked first about
his carly talks with Gagan, few days
before the trial. He said he had asked
Gaqan what was to be done by the
state. and that the District Attorney
had said:
"This is not big case. We are going
TO hurry through it and get down to
something more important. | am going
TO prosecute Clcary, not persecute
Testifying about the Gagan-Comesky
conversation, he sald:
eve had been talking about news
napers and Mexico and Mr.. Gagan had
hecn telling some amusing stories OF
his experiences. When he finished he
tIrned to Comesky and said:
That turned out to be interesting
stuff gave you about young Newman,
didn't it, Frank?
MIR. Comesky did not put his reply
into words. He merely grunted.'
"Mr. Gagan," the witness continued
remarked to Mr.. Comesky that he
couldn't understand why Mr.. Comesky
hadht seen Anna Cleary and Eugene
tCgethcr on the streets Of Haverstraw.
MIR. Gagan said he had seen them to,
pether often. and couldn't understand
how a fine. pure. high-minded man Ike
BIZ Cloary could permit his daugh-
ter to 90 around with a - - -- Ike
young Newman"
"On the second day of the trial,
Mr.. Clarke testified, Mr.. Gagan came
over to where a group of US were con-
vcrsing and said:
"'Now that you've heard the evi--
dence, you're not so bitter against
Bill" Cleary, are you
Gagan Becomes Angry.
Mr.. Moss spent more than half hour
+rvinq TO shake the witnesses story, but
he was unable TO make any impression
ON i Gagan switched al out angrily IN
his chair. and when Mr.. Moss gave up
the lob his associate, Mr.. Seeger, took
up tie cross examination, seeking to
confuse the witness on I, e question OF
the location of Justice Morschauser's
desk in the room. Bur when Mr.. Clarke
left the stand his story remained firm
in every particular.
The Gagan defence suffered another
blow in the testimony of Martin A.
Drjscoll. sr.. president OF the Haver-
straw Water Supply Company. Mr.:
Driscoll testified that he was seated
IN the train leaving Weehawken for
Usverstraw at ll:45 o'clock on the
morning of July %. 1914, the day Of
The killing. Cleary, he said. came into
his car. talking with William H.
Continued on page 4, column 3