The evening world. Newspaper, March 7, 1906, Page 3

| i | i ~ AGAINST PARDON * FOR JURY FIXER Said to Have Written a Letter to Governor » to Deny Pleas. WILL NOT DISCUSS IT. His Assistant, Mr. Nott, Issues a Statement Insisting Upon ' Punishment of Tillinghast. Tn an effort to defeat, if posstble, tho pardon of William H. Tillinghast, the professional juryman, who ‘s wearing prison etripes because he confessed a gullt Implicating the men higher up in the Metropolitan Street Railway Com- pany, District-Attorney Jerome was re- ported to-day to have written to Gov. Higgins. Mr. Jerome does not want Tillinghast released from the Black- well's Island Penltentlary. “I do not care to discuss the mat- ter," was the only fire drawn from the District-Attorney. “Have you not written, or caused to be written, a letter protesting against the pardoning of Tillinghast by Gov. Higgins?" was asked of Mr. Jerome. “I do not care to discuss the matter,” Fepeited the Distrist-Attorney. Mr. Nott's Statement, Later the District-Attorney got the machinery of his oftice into action to keep Tillinghast in prison. Assistant District-Atiorney Nott, who had charge of the prosecution of ‘Till- inghast, the Metropolitan jury-fixer, un- der instructions from his ohief, issued @ statement in defense of the District- Attorney's office to-day, It is the stereotyped defense—a plea of lack of evidence to corroborate Tillinghast's statements and an assertion that the testimony taken at his trial showed him + te be guilty. Here 1s the statement of Mr. Not! “We have answered many times the question aa to why we have not pro- ceeded against the Metropolitan Rail- road Company. In the first place, we find at least elght cases in the City Couzt where Tillinghast had been on fury when his name did not Appear on the panel. According to law there was @ conspiracy between Tillinghast and the clerks of the Court: Theoretically ! thera is a good case, but conspiracy 1s | = misdemeanor, and a misdemeunor Is ( outlawed after two years’ time. “We then went to work and tried to ( make out a case on the ground of fal- i ony. We tried to show subornation of ' perjury and that false statements were made on the oath, Here we found that the Jury in these cases were questioned first and sworn afterward, so that we could not charge perjury. Bagg an Accomplice. “We then secured a statement from Stanley Bagg to the effect that he had been given money by a certain person in the law department of the Metrapoll- tan Street Ratlroad. Bagg sald he had received $0 a month to give Tillinghast. Now Bagg is an accomplice and cer- tainly the other man who gave him the money is as guilty. Bat we have no cor- robaration. Bagg says he recelved the money. It is merely a cese of Bagg's word against that of the other man. There are no vouchers to show that Bagg got this money for the purpose of bribery. “Section 99 of the Code of Criminal Procedure says. ‘No conviction can be had on the testimony of an accompiice unless It be corroborated by such other evidence as can conneot the deféndent with the commission of the crime.’ “This office has never sald that if any felony has been committed In this case it was outlawed. Please don't for- get that. What wag lacking was good Jegal ccrroborative evidence. “About the case for which Tillinghast was given three months, the facts aro these: We were first notified by the Chief Judge of the City Court that Til- lnghast had impersonated another juror. Confessions Pigeonholed. “We asked Judge O'Dwyer to treat that case as one of contempt of court, but Judge O'Dwyer in a written opi:- fon said the offense was a violation of the criminal code and he had the opin- jon sent to the District-Attorney’s of- fice with a letter asking us to take action, and we did, What was expect~ ed? It certainly was our duty to send Bilinghast to jail, : “Judge Seabury’s name has been used in this matter to indicate that he was fighting «the District-Attorney'’s office, when as a matter of fact he telephoned me the other day that he had never authorized any ‘lawyer to . wse his name in connvction witn the Tillinghast matter. “When Tillinghast intimates he was wailroaded by this olflce because of his confession he doesn't tell the truth and he knows it Ho was sent away for breaking the law. and if we should get the ‘goods’ on any one mentioned fm ‘his confession we would do the same to him.” Even this confession from the Dis- trict-Attorney's office goes a long way in showing that Tillinghust was “rail- roaded."" ‘The District-aittorney thas @reater power than Judge Samuel Sea- bury, but ihe saw fit to take only such ‘confessions as were thrust upon him-- those of Tillinghast and Bagg. Both of them were pigeon-holed. ‘ Petitions Are Multiplying. ‘The voloe of the people Is greater than he voice of the District-Attorney, and many petitions for a pardon of Tilling- hast are in the possession of Gov, Hig- @ms-at the Gtate Capitol. Every arriv. fog mail is freighted with more ple ‘fhe Governor probably will within twenty-four hours announce the date ef @ hearing to those who believe that the small criminal who ccufe:sed should _ We wet tree to testify to the Grand Jury ‘against the higher up criminals, who are THE WORLD: WEDNESDAY EVENING, MARCH 7, 1906. JFROME WORKS WOMAN WHOSE SUIT AGAINST DURYEA HAS BROKEN DCWN. | | Madden. PITFALLS IN COAL INU, SHS ROOSEVELT |Warns Congress in De- claring He Sees Little to Gain by It. WASHINGTON, March evelt to-day sen 7.—Presiden: K a message to Con- ress announcing his signature to the Joint resolution recently passed, in- structing the Interstate Commerce Commission to make examination Into the subsect of railroad discriminations 4nd monopolies in coal and oll. He eays frankly that he has signed {t with hesitation, b=cause {t may achieve Uttle or nothing. He indicates, too, that 4f the investigation proposed by the Yesolution co} thoroughly it will result in giving immunity. from criminal prosecution to all persons who are called and sworn as witnesses. In the opinion President the contain the resolution 1 ctlea'ly inopemtive un- y be provided to carry on the investigation and the commission bo authorized to take testimony under its provisions. He suggests, therefore, that Congress give serious consideration to just what it desires the Interstate Commerce commission to do, and that the eum of $10,000 be pliodd at the disposal of the Commission to defray the expenses of the proposed investigation. WOMEN FIGHT DUEL AND STRAY SHOT KILLS MAN. direction | orients Open Fire with Pistols but Neither Hurt—Victim Was in Saloon Nearby, MIDDLEBORO, Ky., March 7—In a pistol duel here between Mrs. Alice Moore and Mrs. Lucy Tucker, as th: result of a long-time quarrel, Frank Maden wus killed by a stray bullet from the revolver of Mrs. Tucker. The women met In front of a saloon and after exchanging 4 few words boti. drew weapons. Mrs, Tucker was the first to open fire, At the third shot Mrs Moore turned and ran down tho stree unharmed, though her clothing was twice pierced. Tt was this last shot which Maden, who was near the saloon dvor, playing a game of pool. The bullet bit bim rarely in the head, causing Instant death, forhe cause of the trovble is’ sald to have been @ love affalr. TILLINGHAST'S MOTHER, OLD AND BLIND, PLEADS FOR HIM Left Helpless at Home When Her Son Was Railroaded to Prison, but Cheerful Because She Has Found Friends. By Alice Roke. “If only 1 vould find words to ex- ptess my gratitude to The Evening World and to the friends who have come to me since my son was taken from me I could pour out my heart.” Mrs. Nancy A. Tillinghast, ninety years old, blind and helpless, stood a pathetic figure in her home to-day and wiped the tears from her eyes as she acknowledged the receipt of $50 placed in her hands by The Evening World for an unnamed friend who had forward- ed it to this paper for the mother of William H. Tilinghast. ‘Vhe aged mother of the self-confessed jury-fixer trembled with excttemont as she was made to understand that some kind man had asked to contribute to her maintenance while her son, her soli support, !s imprisoned on Blackwe! Island. Tears of Gratitude. When the following letter was read to the trembling old mother tears of gratitude streamed down her wrinkled to realize that I have a comfort from above. “T do hot want sympathy for me to influence the course of justice. preciate kindness, but 1 do not want the fact that 1 am an-old and helpless woman, dependent upon my good, dear son, to have one thing to do with the justice of lis case, My boy has writ- ten to me, oh! such a lovely letter. He thinks of me all the time, and [ feel that everything will come out ali right now that The Evening World has taken up his case, “My daughter, Mrs. Frahock, of Boston, is coming to-morrow. That 1s why I'am so nervous, You éee, I just heard she would be here, 1° didn't want to bring trouble into ‘her house- hold, but sume one wrote to her of our misfortune, and she 1s taking the first possible train to come and stay with me. Appreciates Kindness. “You must excuse me if 1 can't tall well to-day. Jverything hes been ,so unexpected and sudden lately that it has upset me. I do want to make It Swear, though, how much I appreciate ‘The ‘Evening World's kindness in tak- ing up my Son's cause, and how I wish T'foula thank the gentleman who sent cheeks: To the Editor of The Evening World: You are doing the highest grade of public service in seeking to uncover the manner in which the Metropoil- tan Street Railway has prostituted Justice in this city for years. Once you insert the entering wedge the whole story of Metropolitan corrup- on will come out, From purely personal reasons I do not want my name to be made publio at this time. I inclose vou $50. which you will kindly apply to the relief of the aged and destitute mother of the Metropolitan dupe—Tillinghast. _AN ATTORNEY. “I can bear my troubl sald the old lady, “for I know that the Divine Spirit is helping me, He has sent chese frlends to me, and while my dear boy has been. taken from me I am trying tion of Mr. Jerome in putting Tillinghast in prion, The traction lobby !s forming to a feat any investigation by the St Legislature of the methods pursued in their litigation by the street’ railroads of New York, Four important witnesses were ex- amined yesterday by Judge Samuel Seabury, sitting as a magistrate, and three others have been summoned to, appear to-day at hie office in the City Court. -Tillinghast was not the only professional juryman in the employ of the Metropolitan Street Railway Com- pany. Others have been located, and they will be, put. on the rack. Til- Pagina ‘4s needed to prod thelr mem~- orien, His Testimony Needed. The feature of the testimony fur- nished by Ti'inghast was its direct- ness and frankness. ‘Tillinghast was the dean of the professtonal jurors, and his jong famillarty with the methods of jury fixing prevallmg in both the City Court and the Supreme Court makes his release from prison “an essentia! to the Investigation, Be- sides, Tiilinghast will.go before the Gtand Jury, ant upon’ his evidence, corroporated ‘by that«of Btanley 8. me the $50, I am sure he fs a true man, and he must be @ good son. L can only say, God bless him wherever er “he 1s, fo other way. is hard to belleve that Mr. Jerome would be so unjust, to my boy. How we have admired him! IT iisad to have his picture on the mantel, but, Of course, not belng able to read. | haven't known any of the things proved against him. wish he, would let my boy come b ‘ “Please do not think I am wealr, but miss read or who- oe you don't know how much son. He was so to me. He to me, he took me to church and was devoted to me. Oh! he was 80 good, and I know he erable now wor: rying about me. Mrs, Tillinghast 1s a quiet, refine! oi! lady, beloved in her neighborhood where she and her son have lived for twenty years. She was dressed neatly in a black frock with a big white apron and {sa picture of: patience as she in her rocking-chair waiting for her son to come home. Blind and helpless, she !s a lesson to women with Smaginary ctions. ———$—$$ $$ Unghast was “rallroaded" for Personating a juror,’ it is probable indictmenta will be found against the real pribe gtvers. District-Attorney Jerome's conten- on that "the statute of limitations runs against the evidence furnished by ‘Til- hast and Bragg has fallen flat. Not only has Tillinghast, from hig cell, con troverted the asvertion, but evidence the possession of Judge Seabury ir. spome s office In an unfa- ligt to being go-between for the raflroad compan mae a * Ayr A CaN oe have at @ latter. neh warn: is out for his arrest, ep) The bribe-giver is answerable under the law either to the charge of bribery or conspiracy. The former is a felony and the latter a misdemeanor, The statute of limitations’ runs five years against & felony and two years against @ misdemeanor, Here follows tl law relative bal which i lo} “fection Ti—A person who gives or offers, or causes.to be given or offered, a bribe, or any money, property or value of any kind, or any, promise or agree: ment therefor, to a judicial. offic JUROR, referee, arbitrator, appraiser, or assessor, or other person authori by. Jaw to hear'or determine. any que: tion, matter, cause, proceeding, or con- troversy, with intent tof ae ppinian "ie ‘upon, ishable by Imprisonment for than, ten rb Unt Waser Saha ol of ‘of both.” nie for I cannot thank him ' “im- I ap- | Influence his) in Pare. ection there- the case of Eichler va. the Metro) ny, tried TILLINGHAST.. Pardon Tillinghast! TO GOV. FRANK W. HIGGINS: I respectfully request that you pardon William H. Tillinghast, whose confession exposed the Metropolitan Street Railway Company’s iniquitous methods of jury-fixing and who was sentenced to three months’ imprisonment in Blackwell's Island penitentiary for imperson- ating a juror. 1 sign this petition understanding that Tillinghast stands ready to go before the Grand Jury and give testimony that will result in bringing to justice the criminals “higher up.” ADDRESS.... Sign tha above petition and send it to The Evening World or direct to Gov, Higgins at Albany. Reasons why Tillinghast should be pardoned: He had reformed and ceased his evil practices. He is willing to testify against the criminals higher up. His imprisonment stands as an crime of confession. object lesson—punishment for the In the face of what happened to Tillinghast, who would now dare confess either knowledge or participation in jury-fixing?: I _ Let Tillinghast be freed, and other smaller criminals may turn State's evidence against the greater criminals to serve the ends of justice. His ninety-year-old mother is blind, helpless, destitute and wholly dependent upon him for support. which Is a misdemeanor: “Bection ‘A person who Influences or attempts to influence Improperly, juror in a civil or orlminal action or proceeding. or one drawn or summoned ‘0 uttend as such a juror, or one chosen fn arbitrator, or appointed @ referee, In res) to his verdict, Judgment, repurt, award of decision in any case, or in any Manner not included In sectiong 73 and ertain jtiror in olitan of the Supreme Court fang 3, i000" less’ tant hast a a wo years ago, the position of the District-A' " ttfice ta made ‘leat, any TIGERS’ BALL SQUAD CUT. PRINCETON, N. J., March 7.—Prinoe- ton’s ‘varsity baseball squad was re- duced to twenty-five men yesterday after two days of practice. ‘this Is unusually early for such a big cut to be made in the squad. For |torea the freshen ihave been out for a week the candidates from the three upper classes. only. reported for | the first time on Monday. Seven mem- ' bers of the freshinen clags have been reialned for the ‘varsity nine among whom are peveral a atruck | She’s on the Ocean Without Passage Tickets in London, Paris and New is to-day on the Atlantic, occupying a magnificent suite on the Kaiser Wilhelm der Grosse, with her two maids and b portation. When she kissed her husband good- by yesterday afternoon, on the North German Lloyd p t had the tickets In his pocket, ani 3! did, not ember it unt he had the? pies. She sent A » aftér “ner in his Im and a messeng th bo: eamship oMces with the CHICKEN UPSET COURT'S DIGNITY Plymouth Rock Cackled Until Her Owner Was Held in $200 Bail for Trial. A cackling Plymouth Rock chicken up- set the dignity the Centre Stree: Court to-day und Incldentally gave some of vbhe fat cops there an opportunity to display thelr agili Pollceman MeAnany, of the Health squad, brought the cileken_ to court or rather he brought Ant nio Gillo, of Ne. 1383 Mott street, the own who had it tuckea under his right arm, for v lating the Health Department ordinances in keeping @ live foul In a living apart- men Gilllo was so frightened when he was ; much noise confronted with the majesty of the law in. the person of Magistrate Steinert that he threw up both hands, thereby allow- ing the chicken to fall to the floor. Selzing its oppurtunity the chicken booic it on the run, or rather on the fly, and stopped only when It alighted on the top of a boukease behind the magisterial at, cackling in good old down eas: farm st ‘The big fat cop who earns his $1,400 a year by directing spectaturs lo “keep the peace” undertook to catch the chick- a, which by this time was making s that the business of the proceed, uri!’ velled Moustakl, ter. court could n 1 Noluck, cluci cluck,” replied the hen vigurousiy. winking her Jeft optle at either the Magistrate or Moustaki. “Get her down,” ordered Magistrate Steinert. Moustaki started to climb after the plymouth Rock, which walted until Moustakl started tor for it and! then again took it on the fly. This time fe“auighted an the railing In front of the prisoner's dock. where a. spectator CARRE it and ae contu nf end by he chicken’s incessant ca , turned fr ove Anany who fled’ with It, it over to still cackling, to the street, Gilllo, went to the Tombs to awalt trial In Special Sessions in default of $200 ball. ete Pt Hole In John D.'s Pocket. MIDDLETOW. ¥., March Large quantides of oli are escaping into the Neversink Riyer at THuguenot, few miles from this clty, through break in the Standard Oli Company's pipe Une, Fishermen sav. that many | fish have been killed and that unless stops are taken to stop the leak ait the fish in the river will be deatroved. | ee ny | ines You Employ an Expert in food selection when you eat Grape-Nuts Read “The Road to Wellville? found in the pkg. , if Mrs. Samuel Newhouse, well known | tickets, ke woclety, | Mt, whil the an’ | ville, Col. she was a ¢ secretary, and without tickets for trans: | 4, woman |n a dry-goods # was speculating u —+— King Alfonso’s Fiancee Wi During Ceremony of De- | claring Faith. SAN SHBASTIAN, Spain, March The tmpressive ceremony of the cone | version of the Princess Ene of Batten. ® burg to the Roman Catholic @aith prior » to her marrying King Alfonso occurred © to-day in the Chapel of the Palace of ¢ Miramar. Right Rev. Robert Brindle, Reman Catholic Bishop of Nottingham, * England, officiated. Premier Moret | and the Duke of Alba were witnesses for the Princess. wera deeply moved, ithe Princess | ‘The members of the royal (Princess Henry of Battenburg, mothee of the Princess Ene) and Princess Ene were In tears ak ‘An artillery salute announced the miration of the ceremony, after which vhe royal party lunched together, The town is enjoying a holiday tn: honor of the event, processions headed! by ‘bands of music passing constantly, * through the streets. ¥ pabacitiai AONE CHARLES T. LYNCH DEAD.) | Charles T, Lynch, thirty-eight years year old, for eleven years a reporter tn | Essex Market Pollze Court, died thie merning in the Methodist Eplscopal.’ 1, at Sixth street and Seventh { ue, Brooklyn, His late home w: ? Hie had been ailing for several moni but had been able to keep up. wity hie x intl about a ‘week ago. He sufet 1 from a complication of diseases ft ¢ from liver trouble. He began his - rewspaper work on the Boston Globe. Ag” a reporter In Essex Market Court ho , mous many of the odd charac- ne east side, “Rosey the Law- he Duke of Essex Street’ and ‘pasex Market Bar Association’ his conceptions. URE IN 45 HOURS g TO YOUR MBAS 2 MADE (Np GUARANTEED TO FIT, Early Spring Styles Now Ready, he best materials used. so that Mrs. Newhouse ‘disturbed. rere a. Newhouso ts famed for h F | uty ind her collection of |p handses ; ch is said to be one of the finest In| Cheviots, world. In the early days of Lead-| panama, : ok, in her mo , aise arding-houge and latent a sales- ‘air ond Mixtures. boarding: Newhouse | are manufacturers, and SAVE YOU. all 5 “und | the retallers™ profite le mines and | (he icot-town, customers Kindly send for USTRATED BOOKLET. 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