New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-03-12
REBUKED BY THE JUDGE.
a TncHNIcAL oFFENoE, ~ ANY.
rHE GRAND juicy INSTRUCTED TO FIND ONLY
ONE INDICTMENT AT MOST AGAINST THE
LAWYERS WHO ARE SUING THE

UHE GRAND juicy lhaIhuCL1D ~ N~~ $3.50
ONE INDICTMENT AT MOST AGAINST THE
LAWYERS WHO ARE SUING THE
ELEVATED ROADS.
Tho Grand Jury received yesterday from judge
cildorsieeve the instructions when hsu poon "a
pected for several days on the law peanng on tne
setou of certain attorneys who hive Drought saite
1870. ,ns aIavssed roads. 1t was motion of
leo pessars counsel that the charge was delivered
Judge iIdorseeve had consulted as he announced on
friday that he would do with the other judges VINO
sit At General Sessions but he did not say how iar me
views he expressed were the unanimous opinions 2,
those judges. He rebuked the methoos WHOA hsa
bean used IN beginning the proceedings. AS 70 'ne
main Ieca, Question involved he decided In favor Oh
4he view taksn by the DistrictAttorney ana tne
elevated roads, lawyers, holding that an indemnity
AGAINST any loss to the clients nom the COSTS OF courts
AZ the suits should fail was valuable
,,e offering of which as inducement 10 place tne
sntt IN the hands Of the lawyer is msdemeanor'
Most OF the lawyers who have begun the SUITS against
,be elevated roads do not consider the indemnify
vsliaSle consideration within the meaning Oh mo
law. The legal question could only Do oec'uou Dy
Indictment and appeal. The Judge neid .nas ens
offence, II any had been committed, was Oechnie~
one. He said in part:
NO COMPLAINT FROM RIGHT QUARTER.
1t would seem from the very largo number OF VIZ
nesses who were subpoenaed indlscrminatey, anu
nom the fact that no complaint was made by any In
jured party-by any party to the aneeed Improper 9
sgrcement-but that las has appeared these notices
s,srs, senI rsroad or lbs representatives would
sesm. say that there was al effort the part Of
criminal ens .Suna '' for tSer own private purposes
No doubt owing 70 the large number Of lltigations
Ps nn soa the oSes Of this company thought
henssvo o. the p possible .sr 9 ssa,nsys sns
councillors in order to frighten away or
inss@dsts g ITS t "a ts, sPoaS not
be allowed TO come 70 the surface without meeting
with resuss from this court here 70 right the
No power on earth can make white the black spot
i r put on %sR that p yO an should sse the
caution 10 exercising your functions r. al n sssss
y possSis. be rst taken before magistrate That
course has invariably been favored "a this court,
last week 6y tho DistricAtSorney. but the question
must DO determned by the courts have e1Smnoo
hat some OF the alleged agreements might be in VIC
istion Of the law II you find, upon examining VII
promised pssss ma e psS ss and
litigation and to indemnify his clients against any
os charm sSs yo oa' tSa a' t has q sssSs
and II Il has operated inducemeut TO this party
10 place this claim In his hands. then there has been
violation of the law.
NO INTENT TO VIOLATE THE Law.
Now Il is manifest that large number Of reputable
lawyers have entered into an agreement with clients
sor contingent compensation but there has been no
TO violate this law. Many OF them, have no oouDt'
entefcd into these compacts advisedly and aer con.
spltafon with their brethren, and u IL Sn offence
is onfy technical offence. feel that IT'S ID the
interest of the members OF the bar ana
Of the people that this question should DC set
tied and passed upon think you understand the
law ! understand It. may DO right about IL ana
may be wrong. Tho Appellate Court must pass
upon The law, and what they declare 10 DO law that
Is the Law. There should be wholesale Indictment
Of members Of the bar but some Of the contracts
agreements como within the law, an Indictment
should be presented
Judge GiIdersieeve advises the jury TO find
ono Indictment violation OF tho
law clearly proved, and to allow all other cases
10 90 before pofics magistrate. He recommended
that no formal arrest follow Indictment. One of the
Grand Jurors asked about the effect of an Indictment
n the civil suits. Judge Gidersleeve said that the
Grand Iny must not consider that question. He
continued:
The unpleasant feature OF this case is that the
company has come into court Influenced by an I'M
proper motive. But their motive must not be re-.
garded as determining whether a crime has been
committed not II you find crime has been
3 committed, tho law now stands ft WIN be yo0r
firty 10 ind an Indictment II the law IS as under
stand Il 20 be, H. Is possible 1t may be chsngeds
The Judge repeated that no indictment could be
apund unless the Grand Jury considered that the
agreement to indemnity the client acted as an In
dncement for the bringing Of the suit.