Perth Amboy evening news., 1923-11-14
COME DOES NOT TAKE
STAND AT TRIAL TODAY
CONTINUED from page Il


Cone was placed on trial on the
third bribery Indictment before
Judge Lynch and a jury yesterday.
Three chief witnesses were called
by the government, Wilbert Dey,
a federal prohibition agent, to whom
the government alleges Cone gave a
800 bride on April 20, this year,
John "Chick" Callahan, of Sayre-
vile, and Felix Arnold, of New
Brunswick, the latter are self-con-
fessed bribers and bootleggers. Both
Callahan and Arnold, indicted jointly
with Cone, changed their pleas of
not guilty to guilty before the OPEN
ing of the trial.
The government charges Cone
with giving Dey 500 on the South
Amboy road between IL noon and 1
P. NJ, Friday, April 20.
The former dry chiefs witnesses
say that Cone between these hours
was inspecting the Perth Amboy
water pumping station al Runyon.
These two conflicting angles have
developed in the trial of the third
indictment. In the first trial at
Newark, Cone was found guilty by
a jury in Judge Lynch's court. In
the trial of the second indictment,
the dry chief was acquitted by a
jury in Judge Bodine's court at Tren-
ton.
Dey, the first witness called by
Assistant Federal Attorney Van Rip
er, who is prosecuting the case,
testified that Cone on April 20 while
riding in an auto gave him 500 to
protect Callahan and others. Gala
han testified while accompanied by
| Arnold, he met Cone and Dey on the
South Amboy road. The witness
said Cone and Dey were waiting
for them when they drove up.
According to Callahan, Arnold left
| his car and went over to the other
machine and Cone came over to
speak to him.
"What did Cone say to your" the
attorney asked.
1--WE can now straighten out
things"
what else ?"
"He asked me If I had the money,
and 1 told him 1 did"
According to the witness, he gave
Cone $500 and later Dey came over
to the machine. Callahan said Cone
told him that Dey was watching his
house for whiskey.
what is your business, Mr.. Gala
han?" w. Holt Apgar, Cones attor-
ney, asked.
Real estate agent"
"What was it on April 20?"
"Real estate agent"
Later the witness admitted he
| also was engaged in b~ootlegging.
when the attorney asked why Dey
should be watching his house for
- A%aAI1 AnatfAnd hn nnf1n-
ed Callahan give Cone money on
April 20.
In opening the defendants case,
| Mr.. Apgar called to the stand Col.
BENJAMIN D. Phillips, who is identi-
| fed with a Newark wholesale coal
| concern, by which Cone is employ
ed.
Phillips in April of this year. his
had experienced trouble
in getting coal shipment through
South Amboy, and on April 20 he
had directed Charles Miller, also
connected with the coal concern, to
go to South Amboy to confer with
Cone.
Phillips presented a check, which
he stated was given to Miller to de-
fray his expenses to South Amboy
on April 90.
Another witness for Cone, Freder-
ick Dieker, assistant engineer al
the South Amboy water PUMPING
station, said Cone was in Runyon
between the hours the government
alleges he was on the South Amboy
road talking to Callahan.
Dieker testified that Cone arriv-
ed at his home in South Amboy at
about 10:45, and asked him to ac-
company him to see Dieker's broth
err, who is engineer at the Perth
Amboy water pumping station al
Runyon. The coal in question was
to have been shipped to this pump
ing station.
Dieker said it was between IL noon
and / o'clock before Cone was able
to see his brother, and they did not
return to/South Amboy until about
2 o'clock.