New-York tribune., 1901-04-13
BR1CE STILL AT LIBERTY.
SCHEME TO MAKE HIS HOME HIS
PRISON LIKELY TO FAIL-STAY
TO BE ASKED FOR.

Councilman Stewart NJ. Brice is still out Of
jail, and Justice Scotts decision, which says
that Mr. Brice shall spend ten days in the coun-
ty Jail and pay fine OF SAB 80 besides. because
he was contumacious In the eyes Of the court
may have in its fabric mesh large enough for
the councilman to slip through. Last night Mr.
Rrice spent the evening at the Waldorf-Astoria
In the company Of his counsel, James W.
Gerard Mr.. Gerard assured Mr.. Brice that
Justice Scott's decision not terrible as 1t
looked
No order of commitment to the county Jail has
as yet been signed by Justice Scott and until
that is done Mr.. Brice can see his friends at
the Waldorf and other places. 1t is expected
that l.. Latin Kellogg, counsel for John Pierce,
who appears as the aggrieved party in the case,
will submit the order of commitment to Justice
Scott on Monday morning. AS soon as Justice
Scott signs the order, the warrant for Mr..
Brices arrest will be put in the hands of Sheriff
Grell ard Mr.. Brice unless in the mean time he
has succeeded in getting a stay of proceedings,
will have to go to Jail.
Mr. Brce's fellow councilmen who are anxious
to save him the humiliation of being locked up,
undecided what to do. Under the charter,
noted in The Tribune yesterday, they
constitute any building a common Jail. but
Justice Scott and Mr.. Kellogg hold that such
Jail would not be county Jail, in the meaning
of the statute. Furthermore, the councilmen,
the more they think it over, are not enthusiastic
about burning tLeir fingers. If the council
and aldermen should pass the necessary resou-
ton TO shield Mr.. Brice the Mayor, who himself
has visions of sitting the Supreme Court
bench, might not wish to offend the dignity Of
the by siding with the council. The coun-
cilmen begin to realize that if they assist in
frustrating the deliberate judgment of the court
they might find themselves in contempt.
Mr. Gerard said yesterday that he should ap
peal the Immediately II think that a stay
pending appeal for new trial will be
granted said Mr. Gerard.
When Mr.. Gerard asked about the charge
made by l. Latin kellogg that Mr.. Brice and
he had visited the office of Kellogg, Rose &
Smith and that Brice was abusive and threat
ening, he said:
Amy who knows --nows that it is not
my nature to be abusive. About Mr.. Brice,
WELL he and Mr. Rose did get into several alter
cations over the You know, Mr.. Rose said
in one of his afidavits that Mr.. Brce did vote
for the resolution, when it is known positively
that he did not No doubt Mr. Rose mis-
taken when he made that statement, and did
not intend to make a wIful msstatement
THE whole affair is amentable. 1t has been
pending for over two years. ! have tried
peatedly have them settle the trouble, but
il has dragged on, and has been the cause OF
much unfriendly feeling.
Lawyers who think that Mr.. Brice will some
how escape Jail cite the cases of Councilmen
Cassidy, Comfy. Doyle. Francisco and Murray,
who in July 1899. held in contempt in
decision similar TO that rendered by Justice
Scott Thursday. At that time threats were
made that the Councilmen would be locked up
in Ludlow Street JAIL and their friends ad-
vised them to keep out of the way The Coun-
cilmen appealed from the decision. The higher
decided against them They each paid
their fine of $3.50. but no steps were taken TO put
them behind the bars. Later they purged them
selves of contempt.
Mr.. Brice says he has been deeply wronged
Il think it is very peculiar that ] should be
sent to Jail for doing exactly what the court
ordered said he. The fact that l was singled
out was due to maleVolence. | went to court to
purge myself of contempt and Mr.. Kellogg, of
Kellogg Rose & Smith. told me my presence
was not needed. They waited till the cases OF
the other Councmen were disposed of and
Justice Fitzgerald was off the bench before
taking action against me. | want TO repeat that
/ was not present in the Council Chamber when
the vote was taken.
In the last statement Mr. Brice is corroborated
by Councilmen Goodwin and Hyland, both OF
whom will make affidavit that he was not pres
ent when the vote taken