New-York tribune., 1901-08-28
PHILBIN CAN'T FIND PEA.
HE CALLS THE MOVEMENTS OF COUN-
Sell FOR CAPTAIN DIAMOND
A SHELL GAME.

A SHELL GAME.
The case of Police Captain Diamond was yes
terday in a state of confusion. Soon after court
opened in the morning Louis Vorhaus, one CT
the counsel for Captain Diamond, appeared be-
fore Justice Giegerich. I'm Part l of the supreme
Court and said that he had called TO ascertain
if the Justice had received an order from Justice
Dykman of White Plains, transferring to the
Supreme Court of this city all proceedings in the
case of Captain Diamond. After Colonel Henry
c. Henderson had obtained an adjournment
from Recorder Goff. in the Court of General Ses-
sions soon after Captain Diamond was indicted,
Justice Dyknan, at White Plains. issued stay
of proceedings pending the decision on Dia-
mond's application for an order transferring the
Indictment against him to the Supreme Court.
At that time Recorder Golf rebuked Colonel
Henderson for taking advantage of the adjourn
ment to get the stay Justice Dykman issued
the stay on August 10 and set the argument on
the order for hearing yesterday in his court
Justice Dykman's order issued on Monday
night transferred all proceedings IN the case
from the Supreme Court at White Plains 10 the
Special Term. Part I, Supreme court Oh TINS
county. Mr. vorhaus said yesterday that all
he knew about the order what he had read
in the newspapers. He objected TO the proceed
inss. saving: I'VE only know that the case Is
IN for hearing before Justice Dykrnan at White
plains this morning Colonel Henderson went
TO White Plains this morning to argue the case
before Justice Dykman."
Justice Giegerich decided that as the case
had not been placed on his calendar ana as
Mr. Vorhaus objected to it's being hearo ne
could not add il to his calendar. Assistant DIS
trict Attorney McGovern announced 10 the JUS
tice that the District Attorney had received the
order from White Plains, but Justice Giegerich
still refused TO act
Mr. McGovern then went into the Crin'lhai
Rrancb of the Supreme Court and consulted
with District Attorney Philbin. He then re-
turned and announced that Mr.. Philoin woulo
see the court Mr.. Philbin came into the court
in a few minutes and explained TO Justoe
Giegerch that the order signed by Justice
Dvkman transferred the case TO the supreme
Court here and asked the justice TO near arsu-
rnents at once He said that If there was any
further delay in the Diamond case such oeiaS
would tend to hinder the ends of justice
Assistant District Attorney Cans said he de-
sired to make a statement. and receiving per
mission from the court, he said:
.eTbrouehout the entire case against Captain
Diamond the firm Of House Grossman & Nor-
haus has appeared as attorneys OF record lot
captain Diamond. with the sole exception OF
the matter Of the stay
"Is vour firm the attorneys Of record for
Captain Diamond?" inquired Justice Gieserich'
I'VE are not responded Mr.. Norhaus- -.
Justice Gfegerich called attention 20 the ract
that the firms name appeared on the pack OF
the indictment as attorneys OF record io' ~ ~
defendant. Mr.. Vorhaus explained that Una, lna.
was a mistake, and that Colohe1 heI"e'''''
acted In that capacity -.
IF I was certain that the defendant WAS s9
represented here" said Justice GieeerlCh'
would entertain this motion. .,
Il don't how there can be any ques'loI.
about it, exclaimed Mr. Philbin- Not only am
7 coupelled TO be a good law calendar ana run
around from court to court, but am also cotn-
nelled to keep track OF confidence men. ms
seems to be the old pea and shell game over
again The attorney OF record Is the pea anu
you can never tell from under which shell IN
this case he will appear next The Dlstrlct Az
torney has been treated shamefully. He has
difficult duty to perform. He appreciates that
fact and tries TO do his duty, ana IL IS not rsnt
that he should be treated in this manner; II
Mr. Vorhaus Is not the attorney Of record in
this case then somebody has committed perjury.
because il has been sworn 20 that he is ana his
name appears on the hack of the indictment"
Mr. Vorhaus insisted that Colonel Henderson
had been substituted for attorney Of record and
for this reason Recorder Gof had granted an
adjournment Of the case.
Il think this is outrageous" said Mr.. Philbin.
"I am not here voluntarily, but have been
dragged here by the actions of the defendants
advisers"
IF there were any evidence that the attorney
OF record received notice / should have no hest
tatiOn in dealing with the case now" said Justice
Giegerich, but | don't think the defendant is
properly represented here"
'I don't think he is" replied Mr.. Philbin. elanc-
ing at Mr.. Vorhaus. Justice GiegerIch then
said he would hear argument to-day and direct
ed Mr. Philbin to serve notice on Colonel
Henderson.
Colonel Henderson appeared at the court at
White Plains in the morning to argue the stay
granted by Judge Dykman. No was there
so the lawyer returned to the city. Before go
ing he said that the stay was absolute.