The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-01-13
ROPER PROTESTS
His Counsel Refuses to Take
Part in His Examina-
tion.
SERVED NOTICE OF WAIVER
Mr.. Bradner Says He suppos-
ed the Case Would Go to
the Grand Jury.
Especial to ..The jersey city News. -

NEWARK, Jan. 49, 1900-The sixth hear
ing yesterday before United States Com
missioner Whitehead, in the proceedings
against Osmer W. Roper charged with
Illegally using the mails was marked by
a vigorous protest on the part OF Frank
E. Bradner, counsel for the accused,
against the examination continuing.
When 10 o'clock, the hour set for OPEN
ing the hearing, arrived so many wit
nesses were in attendance that the Com
| missioner had to use the Chancery Cham
bers instead of his own office. AS soon
as the larger room was filled with wit
nesses Deputy United States Marshal
Garside was posted at the door. and in ac-
cordance with the Commissioners custom
| was instructed to keep out all newspaper
men.
United State District Attorney ].
| Kearny Rice, who is prosecuting the case
for the Government had on hand persons
| from any parts of the West and South,
| who claim to have had dealings with the
Realty Loan and Trust Fund and the
Four Per Cent. Mortgage Company, two
| of the four investment concerns with
which Roper was connected. When, with
| out any delay the Commissioner opened
| the hearing, Mr.. Bradner was not pres
| ent, and District Attorney Rice began the
| examination of w. A. Blair, banker OF
| Winsted, N. c. He testified that he had
| on behalf of church in that place ap-
piled for a loan to the Building Loan
Trust Fund, one of Roper's alleged en-
| terprises He said that the loan was not
secured and that the money advanced for
| an option on it was not returned. He had
! then placed claim against the concern
/ in the hands of WHITEHEAD & Payne, law
/ yers, Of which firm the Commissioner is
/ the head Subsequently that firm effect
! ed settlement.
/ The testimony of Blair was interrupted
| by the entrance of Mr.. Bradner and his
remarks addressed to the Commissioner.
! "I was surprised he said, when re-
ceived message to attend this hearing,
| for I never supposed it would be held
| A day or so after the hearing two weeks
/ ago served notice upon you. Mr.. Com
| missioner, that the defendant would waive
further examination. AS nothing came to
me from either yourself or the District
j Attorney, presumed the case had been
| closed. / think it was an extreme dis
] courtesy to proceed in my absence. l
/ meant it when I sent that notice, and
formally say now that the defendant
valves further examination Moreover,
/ that he protests against being obliged to
| attend this hearing
/ The Commissioner replied that the Gov
| ernment had the right to demand further
| examination as well as the defendant, and
that in this case the Government desired
to-
That, Mr.. Bradner remarked, was tanta-
mount to an admission that, so far, the
evidence produced against the prisoner
was insufficient to warrant his detention
| of the Federal Grand Jury and, therefore,
| justified a dismissal of the case.
Suppose he continued, that the de-
/ fendant was out on bail. what power
would you have to bring him here? Be
cause he Is unfortunate enough to be un-
able to get bail, is 1t right ito keep him in
| fail and drag him here to attend all these
| hearings?"
TT is you who are discourteous. Mr.
Bradner!'' declared the Commissioner,
| welding this gavel vigorously.
ct did not intend to be discourteous.
MIR. Bradner replied. 'T am simply indig-
nanit that this hearing has gone on. for I
4 had announced that the defendant was
| willing to have his case go right to the
! Grand Jury without further evidence"
Rapping his gavel again the Conlmis-
sioner declared that the Government pro-
posed to proceed with the hearing, and l
rule that 1t shall proceed, he added.
Mr.. Bradner then turned to Nicholas
Blndsell, who has reported the previous
| hearings on behalf of Mr.. Bradner and the
defendant and told him he no longer re-
/ ouired his attendance. To the Court Mr..
i Rradner said: s'I protest against the Tul-
ing, and refuse to participate IN the pro-
! ceedings."
i "Cross-examine," said Afr. Rice.
/ Mr.. Bradner said nothing, and the COM
missioner asked
do you wish to cross-examine the wit
ness?"
II do not" retorted MIR. Bradner. I OBJ
ject to the hearing going ON. and I am now
| here only as a spectator"
Thomas e.. Gatz, an attorney, Of Kansas
CITY. Mo. was then called by the District