New Britain herald., 1916-07-22
MAY ASK DISMISSAL
 IN CONSPIRACY CASE
Lawyers Will Contend e-Tap- ping Records Expose Police Dept.

l of the prosecution case in the wire tapping hearing before Justice Green baum in the Criminal Branch of the supreme Court the lawyers for the defense indicated that they would move on Monday fo a dismissal of the charge of conspiracy and libel against Mgr. John J. Dunn, Father William B. Farrell and Dr. Daniel C. Potter, and the charge of perjury against ex-Commissoner Robert w. ton on the contention that enough admissions have been obtained from the police wiretappers completely to dlscredit the accuracy and authentic lty or the phonograms which consti- ute the main bulk of the evidence against the defendants
 Even petOre the prosecution prac- t1cally closed it's case the defense scored another telling attack upon the phonogramS in the testimony of water DrummOnd an iron manufac- tufer of 51 Chambers street, and son of e2-Charities Commissioner Michael d. Drummond. The phonograms pro- ouced ln evidence record several con- Versatlons between pr. Potter and MT. Drummond which MT. Drum mond emphatically denied as having taken place. Dr. Potter is alleged to nave told Drummond that he could not go to the office on that dav March 20, 1916, and Drummond is quoted in reply as having urged Him to be careful lest some one got him on the telephone
 T am careful" Dr. Potter js said to have answered. .The girl answers first when she finds out who it is''
 According to the phonoeran Drumm ond then warned Potter to keep under cover, and Potter ren1icd that II they subpoenaed him to ap- pear before the Strong Committee he could tell seven thousands they did hot want known" Asked whether he ever had such conversation will, br. Potter, Drummond replied:
 Conversations Denied.
 olo not have any such conversa- tlou at that Or at any other time"
 EquaIly emphatic was Drummond,s oenlal of the substance of a convar-
 
 tween him and pr. Potter on March 70, when pr. Potter. accordjne to tho phonogram, said he was going. our of town because it was 'Indisnensab1 1 that they didn't get" him 'in this MT. Drummond admitted l speaking to pr. Potter on that day ] put Insisted that the cOnversatio,, 1 was concerned with nothing more 1 lhan some boxes of cigarettes which | | otter asked him to get from his of nee In the same building. The word pOXeS' retained in the phonogram was taken to refer by the tappers to "bOxes'' of testimony
 Not being able to find the cigarettes Drummond said he called up Potter's nome to tell him so, and gave the message to woman, whereas the phonogram records him as speaking to man. On March 21, he said. Dr, Potter called up his son, Dean Pot ter' While the latter was in Drum monds oftlce. Drummond did not oVerhear the conversation which fol- lowed. Dean Potter, the witness sotd carried an oange colored Gladstone bag, the contents of which were un- known to him. In one of the phono- grams, this green bag is also men toned in manner to infer that if contained testimony in connection with the Strong investigation
 Among the other witnesses called yesterday were Isador Spinrad, clerk in the state board of charities. who submitted a record of telephone num- bers called by Hebberd from his of- flee in February and March of this year.
 The record showed thirty-seven tel ephone calls to Dr. Potter, although MT. Hebberd testified before the strong committee that he did not have many conversations with Potter dur ing that time. Spinrad admitted how ever that some of the Potter calls might have been ordered for John P. Prest, superintendent of the New York office of the state board of char ities. He said he sometimes called Father Farrell and Dr. Potter for Mr. Prest on Hebberd's wire when the lat ter was in Albany. Prest when called to the stand said the calls had been charged to Hebberd, but he could not say whether Hebberd had used the call on every occasion
 $1OO Used As Bait.
 In closing the prosecution's case Assistant District Attorney Embree submitted in evidence extracts from the testimony given by Father Farrell and MT. Hebberd before the Strong committee. This testimony related largely with the authorship of the Farrell pamphlets which were dis tributed in the Catholic churches and assailed the work of the Strong com mission. MT. Embree also caused to be read into the record Mgr. Dunn's testimony before the Thompson com mittee In which the priest endeav- Ored to explain how he came to offer Dr. Potter s100 to leave town and avoid the service of subpoena. In his testimony, before the Tn hompson com mittee Mgr Dunn said he smoke of