New-York tribune., 1918-07-15

ndavlts citing the statements Tolishus
is charged with making and telling of
the appearance of George H. Bond and
Edward Schoeneck, Tolishus's employ
ers, and the informal hearing before
Judge Ray, in which they called To-
lshus patriotic American"
Defence Given Hearing
The af7idavits charged that sufficient
evidence to lead to an indictment was
presented to the grand jury June "a.
Between the time the Indictment was
voted and the time it was withdrawn
occurred the meeting at which wit
nesses allege they were questioned by
George Fl. Bond and Mr.. Schoeneck,
Mr.. Tolishus's employers
Judge Ray, although declining to
issue comprehensive statement until
he has read the demands for an in
vestigation carefully, says he has no
objection to an investigation.
80 tar as | know. there is nothing
unusual or irregular about the Toll
shus case" he said. "The conference
IN my chamber was entirely informal,
called at the request of the govern
ment,s attorney, and nobody was COM
peiled to submit to any unwarranted
questioning. Mr.. Bond and Mr.. Schoe-
neck were not there as counsel to Toll
grand jury. after we developed addi-
t'onal evidence, following the informal
conference. decided to recons ider the
case, and did not hand up the indict
nent. OF course, no one will have the
slightest objection to any possible in
vestigation."
Assistant District Attorney Davern
admits he cannot explain why the iury
voted to reconsider, and says all the
testimony introduced after the in
formal nearing was stronger than that
upon which the jury originally acted.
Inc cause of the change of opinion of
!ne Jurors Is the point upon which the
investigation will devolve Mr.. Davern
said:
81 was surprised when the grand
jury decided to reconsider and with
draw the Indictment In nv opinion
the evidence on which the case vas
reconsidered was even stronger than
that on which the Indictment was
voted
The star chamber proceedings to
which the papers refer were nothing
more or less than informal con-.
ferences, called by me because of nv
desire to get at the full truth. After
considering with Judge Ray asked
lollshus. Mr.. Bond and Mr.. Schoeneck
. a.'u t'c 1ouI men VINO teStlhcd against
Iolishus to meet in Judge RAYS cham.
bers to talk over the case.
They all appeared. and there was a
lengthy discussion, continued at night
session: 1t was not legal proceeding
and nobody was compelled to attend
1t or answer questions 1t is true that
the grand jury had voted an Indictment
against Tolishus, and that it stood at
the time the conference was held"
More Witnesses Called
"Afterward it was determined to call
additional witnesses and severa! we'll
known Syracuse men gave Testimony
or the same sort given previously by
the tour young attorneys who began
| the case. To my mind the later eyi-
dence was even stronger. but however
that may be, the jury voted to recon
slider and failed to vote an Indictment.
l will be glad to cooperate in any way
! possible in an investigation.
1t was pointed out by Mr.. Davern
that the case may be represented to
the, grand jury upon an order from
Judge Ray. The jury has adjourned,
bzut is subject to call
Both Mr.. Fond and Mr.. Schoeneck
rave issued statements. The Lieutenant
Governor declares that neither he nor