New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-02-21
-,NrD BY RECORDER SMYTH.
corF MADE TO PAY TWO HUNDRED
~'~ DOLLARS.
ASSOCIATION GOT JOSEPH H. cHoATE
,xn ROBERT sEwELL TO APPEAR
FOR III NJ

-,.r Smvth yesterday iln'd Johh W. uoH q-oo
".ontcmpt OF court although the bar AsNoca i'h
br COW ,ho LAWYERS side and got Joseph ii. Choae
poh.rt sewell TO appear for him. The proceed
sla ',nst william Travers Jerome on the same
iDsS sre ouas she'd The charge grew ont OF the
ehms. charles W. Gardner, chief detective OF the
n' ,,urst society. whom MeSsrs. Con and Jerome
fsA A week ago yesterday after Gardner hai
s~n sentenced the Recorder toid 'he lawyers mat
~ ,rould have TO show cause why they should not
tDe' ,shed foy contempt Of court. There were
DC Fluctuations against Mr. Golf and against
Mr. Jerome ,..,.. =, cono,., Sssg,or. no.
dod Yesterday morning when the Recorder said
o CIV. he would dispose of the cases of MeSsrs. Gof
"" ,.rop,e number Of lawyers were present
-. Cboate arose 10 plead for his brother LAWYER,
W. that he was glad that Mr.. Golf had called
~', n look after his interests Mr.. Choate then
va review OF the proceedings In the Gardner case
which the charge Of contempt was based, This
.,.r had been prepared by Mr.. Gon. The first
rr.,sca,ion was based the following dialogue
rhich occurred in The trisi:
po,oyaer-I Will allow him (Mr. Com to 60 on a
LILLE longer. w.. ,,....,, ,..o.,- ,.., xou
IN IL. me go little longer. submit with respect
a., I have RICH: to crOssexaminc the witness.
~. Reco,der-Ihe Court has not said you could not.
~ ,hs contrary the DstrictAttOrney objected, the
Gust aid IL would allow you to 60 on little longer
n, Gon-That is the remark l objected TO- Your
unoor-saying might 60 on a little longer.
Toe Recolder-You may take your objection TO that
,nark and your exception 10 it. 60 on with some
business ~ , ~ ..
.n 90 on with the business; L am going on with the
sso,S in examining this witness.
III. second specification told Of Lille CT fton's
,s,rinr that she had seen Captain Devery on Oc-
49, 10 The Recorder reminded the defendants
.ounss, that the witness had before said that the
Mr. nN as .
os,sct 10 Your Honor'S refreshing the memory OF
~. witness by an observation from your minutes
IN. Recorder explained his remark and said Il am
mt refreshing the witnesses memory. and have no
desire TO do and You have no right TO say mat
Mr. God replied Il have right. and IL Is manifest
,.r. and l do II with respect" After further words
~. Can again declared that the Recorder had re-
freshed her memory
Tho next specification related to Mr. COTS resisting
hr force the effort OF two court officers to raise
Gardner to his feet. in acco dance with the Judge
,nstrcions The last was Mr.. COTS remark
that the Recorder had remarkable memory. which had
enabled him In the course OF the trial 10 suggest
msnv things TO the counsel for the defendant which
ovad preudcial 10 the defence. and which had like
wise resulted in his suggesting points TO the repre-
sptatves Of the prosecution in favor of the proSecu
ton
Mr. Choate said that the first specification was
,.slv trivial and would not have been noticed eX-
eept in connection with the others. Mr. Con De
serves great credit for taking the stand he did, sad
Mr. Choate, sand sober reflection Your Honor
will not discredit him for II. With regard TO the
,acora sued6cstion Mr. COT SAYS lie l. not certain
that the Clifton woman would not have given dit
,erent answers II Your Honor had not mentioned
the date to her. No matter what was the intenuoh
OF the Court at the time, mentioning the date GER
tsinly did have the effect Of refreshing her memory
In fact, Your Honor, the offences mentioned III ''
first two specifications were far within the ohSe,'
on courts Of great lawyers. of which no notice Is
taken.
aAs to the third specification. the charge That Mt
COT held Gardner in his seat IS denied. We nav
large number OF witnesses to show that neither 'i'
COT nor Mr.. jerome physically restrained 'aruhe'
from complying with the order OF the court. Ahlo"s
, tie witnesses are a number OF members OF the Jury
"What do you mean by that" asked heo'uoi
smyth, evidently surprised. IL sat mere anu 81"
Jerome and Gof put their hands on Gardner
Mr.. Choate read The aifdavits Of Frank Moss the
lawyer Of eight jurors and Of three other persons who
present when the Incident occurred, all Oh ulel
declaring that tho two lawyers had not physically
constrained Gardner from rising when ordered 10 W
50 by the Recorder.
do they both deny that they put their hands Oh
the prisoner p Recorder Smyh wanted 10 know.
"Whenl - asked Mr. Choate.
AT any time"
Now let have fair play" pleaded Mr.. Choate
Indictment II would be ridiculous for them 10 say
that time in the trial did they put their hands
Gardner Whether they did did not makes
10 difference Tie point ls. did they put their haids
on him after Your Honor had given the order that
Gardner stand up. am surprised TO hear lOul
Honor say that you them place their hands OIL
him. But here twelve who have no possible
interest In the matter, who say that they did not DC
~ ! wouldn't set my opinion against that OF twelve
CSnterested, respectable and intelligent men,
Mr.. Cboate declared that making prisoner s'ant
upo be identified fully equal in It's effect 10 ask
Ing him 10 testify against himself. Mr.. Choate oait
regarding the last specification that Mr.. Cot did no
90 wrong IN reading such parts Of the testimony
as We're favorable TO his side. Il am afraid I've
fallen into that habit myself Mr. Choatc went on
slanhg - get al! that is favorable TO me ana en-
pest can fortunately, I've 50 far escaped th
general laugh arose, and the Recorder said: "lo
Later, In the course Of his alignment. the lawye
SAID: Your honor forgotten Your fifteen year
Oh repose on the BENCH
DO you cali it iepose?" the Recorder inquired.
It's, sir. Absolute rcpOsc,' the grave reply
and everybody laughed Mr. Choatc said that he na
a see with many members of The bar hbott the cas-
ana ne believed that while some OF Nj. Coils remark
were Offensive, yet they were made III manly spin
Robert sewell, who Ike Mr.. Choate, had volun
sered 10 appear for the lawyers, reminded IN
recorder that II the court had dignity to sustain ti
papers,
Recorder smyth said that on the aiidavts Of twclv
persois he would withdraw the third spe'inciupi
as THIS was the only in which Mr. jerome wa
vohefrreJ the charge against him was Dismissed
Recorder omyth said that he had the highest reopcc
M hessrs. G"f and jerome, but vas compelled ,
teriofn a dSagTe,ablc duty. All through the ira
~ COT had acted II anxious 10 irritae th" Judg'
ne Was fined 500 In default OF which he should
JAIL for thirty days.
Mr.. Cor preferred going TO Jail TO paying the hn'
vot on Mr.. thoatc's advice he decided 10 pay owe
ae money. lie did