Evening journal., 1916-02-25
Another HEARING
OF perjury CHARGE
Mr.. ISaacS, for Mrs.
O'Donnell, Argues Before
Squire Lewis for Dismissal
Mr.. M'GOVERN ACTS
AS THE PROSECUTOR

Before Maiistrate Lewis yesterday
afternoon the hearing Of the charges OF
perjury preferred by George II. MeGov-
cm against Elizabeth ODonncn. was
resumed, but it has not reached point
where the court has given q decision.
Mr. McSovcrn acting as prosecution OF
the ease, finished putting ia testimony
yesterday afternoon. Henry Il. lsaacs,
counsel for Mrs. ODonnell instead OF
putting in testimony, asked that the case
be dismissed ON the ground that Nlr.
cCoycm had not made ont a ease. He
spoke for over am hour. Ia moving for
posipmcmcnt and dismissal, Mr. lsaacs
contcndcd. after reading the bill m
Chanccry that IL was sought TO recover
policies while he decision was TO the
distribution OF the proceeds of the poll
cic> lie also made the point that while
an appeal IN The Court of Chanccry was
pending the charge of perjury could not
be brought
Mr.. NlcCoyern's reply was that the
charge Of perjury could lie because a
final decree had been made. lie also
contoudcd that perjury was crime
and an attempt TO thwaf Justice. The
court suggested that the further consid-
cration of the ease be postponed until
this afternoon at $50 o'clock.
At the beginning Of the hearing yes
tcrday. upon his own request, Mr.. Me-
Govern was called to the witness stand
and tcstihcd that since the last hearing
be had been advised by the attorney
generals Office that. as the question OF
producing the cancelled check was be-
vond the jurisdiction of the courts of
Delaware. and rs every effort had been
made to secure il from the offices of the
ladies Catholic Benevolent Association,
certain evidence he dc bed TO present
was admissible lie was permitted to'
read CORE spondencc which gave in de-
tail what he claimed to be information
regarding the payment on The check.
This evidence tended TO show that the
check was paid through the National
Bank Of Wilmington and Brandywmc
with Mrs. ODonnelrs name as the last
Endorsement he said-that he had
visited the Brooklyn Offices of the asso-
citation and had compared the check
with the letters.
IN reference to the subpoena of the
State insurance commissioner. Nagis.
tratc Lewis Informed Mr. McGovernl
That he had been advised that il was
not necessary TO have that official APP
pear
Norman ?. Crouch, register in
chancery. produced the records of the
Court Of Chancery in the case.
Albert Massey. who acted as eXami-
ner in the case. was called to the
stand and read many parts Of the
testimony and was questioned upon
the evidence Some OF the testimony
before the chancellor was TO the eff
feet that Mrs. ODonnell had sdid
that Isaac Gilkey was at her house at
Intervals during 1912: that she claim
cd be did not pay her anything. that
She had paid premiums on insurance
for him and advanced money 10 the
amount OF S170 According TO the
testimony she did not know that $500
had been paid to Mr. GilSey as in
srrance upon his dead daughter Mrs
George IT. McGovern. The testimony
quotes Mrs. O'Donnell as saying she
did not know whether Mr. GillSey had ]
received five cents or $1,000" When
asked If she had received any OF that
money she is quoted as saying 81 did
pot
Upon The request Of Mr.. McGovern.
Mr. Massey referred to the testimony
of Mrs. Bedelia +. Healy in the Chanc-
cry Court. which was TO the effect
that she went with Mr. Gnkey TO the
Offices Of the benevolent association
and was present when he received the
check for 5000.
BY cross examination OF Mr. Massey.
Mr.. lsaacs sought to bring out that the
evidence was not material and also
to show that Mr.. Nicholson, who rep
resented Mr.. McGovern in the hear
ing in the Court of Chancery. had
conferred with Chancellor Curtis and
had failed 10 reopen the case after
receiving rulings upon the testimony.
Mr. Massey stated that he understood
that the ruling excluded evidence re-
lating TO the check OF the Catholic as
sociation.
Mr.. McCovern objected 10 this tes-