New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-08


UNTIL THE MATTERS NOW BEFORE THE
RECORDER ARE PASSED UPON
Maurice v Freund Of No. -; West Forty-third-
st. who arrested Monday upon a warrant
issued by Recorder GoT complaint MADE by
De Iancey Nicol. charging him with perjury, was
In the Equity Term OF the Superior Court yester-
day Mr. Freuni waiting TO be called as
witness for the plaintiff IN suit brought by MIS-
Caroline H. Iexow against the Manhattan '.ie-
waited Railroad 70 recover damages TO ner properly
at F'ifty-nfth-st. and Third-ave.. which Is being
tried by Judge Freedman.
When asked what he had to say in answer to the
charge OF perjury. Mr. Freund said: i am not
going to discuss this matter now otherwise than TO
saw that the charge made against me OF committing
perjury at any time or in any case Is absolutely
false | have been called as an expert III Il great
many cases against the elevated road and the couh-
sci and officers have tried in every way to impeach
nv testimony. but have never succeeded IN dong
So The elevated people fear me. They know thd'
| am the only witness living qualified to appear as
an EXPERT In real estate values in the district COM
pr,slng First. Second and Third aves. between SNth
and Eghty-first sis. | the only opponent Oh
the road whom they could not buy" Mr. FTeund
SAID that when the proper time came he wou.d
Gear himself OF the charge Of perjury.
Maurice Meyer. counsel for Maurice '. freuhu'
Yesterday son; letter to James w O8r!on, fore
man o. the Grand Jury. and to DIstrici-At'oFhey
Fellows. requesting that notice be given 10 -lr'
Freund and to himself II any further charges MADE
against Nj Prcund before these charges are con-
sidered or laid before the Grand jury or any action
is taken upon them. and that opportunity Dc gwen
10 the counsel TO appear AMI be heard. ana present
witnesses before the Grand Jury on behalf OF the
defendant, Nh Meyer requests, too. that the Crane
Jury take no acton upon the present cNdib-' ''
fore I, l. d~90sed OF by IN" Recorder
Yesterday afternoon Abraham Levy mae d M
ton before Recorder GOn IN Part ! or the court OF
General Sessions. that all further pfoceedltSS
against Mr. Freund b. stayed Until. such tine as ue
Recorder could pass upon the matters now Dt.O.e
him Mr. LEWIS contention was mace 10 the eH'St
that In questions Wh'r" any DISCUSSION was pro-
vokei as 10 the adv.s4bity OF presenting cases ior
Indictment to the Grand Jury, The Court ana iOl
the District, Attorneys Office. should oecie othSI-
wise the Grand Jury room could be used FOR the
furtheranc" Of spite AM malice, , -,
Assistant Disiric;-Aitorney Lewis opposed tne
motion holding that the District Attorney mad iuli
power 10 decide 10 what cases should or should
not be presented 10 tho Grand Jury
Recorder Con uphcI Mr.. Levy : contentlon' say
Ing that. a he had charged IN" Grand jury, tNit
body was his charge. and not the tool OF the
Disirlct-Ai.orncy Office but an arm OF the court,
which should guarantee Justice at al events X is
the Courts province - decide what shall ana what
The ruling IL novel and it, effects VIII be far
reaching.
Recorder cor then. on De Lancey NcoFs motion.
increased Freunds bail from $l.i"l 70 5000
Mcssrs. Meyer q Levy claim great victory over
the Disfrct-Aftcrncy's Office alleging That the Re-
corlcr's ruling viii reyoutOnize the proceedings
before the Grand jury.