New-York tribune., 1902-12-17
J. LEWlS0HN ARRESTED
CONTEMPT THE H4RGE.
Hftnsd{ TO Testify tn Jerome's s III.
gmry on Gambling.

him yesterday morning to tell what they knew
about Richard A Garfield and the alleged
gambling in his house in East Forty-fourth
st. was brought to a sensational close yester
day by the refusal of Jesse Lewisohn, the
well known operator in copper. to answer
questions asked by Assistant District Attorney
Osborne, the subsequent arrest of Mr.. Lewisohn
upon the charge of contempt of court and the
dismissal. at least temporarily. of others who
had been subpenaed. Mr.. Lewisohn later
paroled in the custody Of counsel. 1t is under
stood that his case is to be made a test and
the District Attorney will hold the other cases
in allegiance until a court decision has been
secured regarding Mr.. Lewsohn.
The greatest interest was manifested yester-
day in the hearing before Mr.. Jerome, which
held in his library. 1t is said that over
a score of men well known in the social, COM
mercial and sporting life of New York were
subpnnaed to appear for examination as to
what they knew about gambling in Canfeld's
house. Despite objection, Justice Wyatt who
issued the subp@naes for appearance ruled
that those subp9naed could not have counsel.
They compelled to appear and answer
questions without the advice of lawyers.
The hearing was scheduled for 1880 a. m.
yesterday The first witness called was A. A.
Housman, head of the we'll known stock
change house of A. A. Housman & Co. Mr..
letter to the newspapers on Monday he said
that he had never been in Canfeld's house or
any gambling house in this city He answered
promptly that he had never been in Canfield's
house either to gamble or for any other purpose
and knew nothing about the matter He was
excused.
MR.. LEWISOHN CALLED.
Then Jesse Lewisohn called. Mr.. Lewisohn
is we'll known in this city He is wealthy and
popular. He is a prominent figure at the race
track He owns yachts and automobiles and
is foremost in the sporting life of the city.
He retained Hoadly, Lauterbach 6 Johnson
counsel. To almost the first question asked
him he said firmly:
Il decline to answer upon the advice of
counsel
Finding that Mr. Lewisohn would say nothing.
the hearing hastily adjourned and other
witnesses dismissed District Attorney
Jerome went before Justice Wyatt and secured
a warrant for the arrest of Mr.. Lewisohn on
the ground of contempt of court. This warrant
was applied for only after District Attorney
Jerome had appealed to Judge Newburger to
call the Grand Jury into court and inform
Judge NeWbuTger declared that he could in
struct Grand Jury what to do in of a
recalcitrant witness when the jury appealed TO
him. but declined to interfere in this proceed
ing. Then the warrant was secured from Justice
Wyatt.
Policeman Becker. of Mr. Jerome's office, who
had been intrusted with the warrant, placed
Mr. Lewisohn under arrest and took him to.
Justice Wyatt's chambers. Mr.. Lewisohn was
found in the Criminal Courts Building He was
with his counsel. Alfred Lauterbach.
The third witness 10 be called was Harry
Payne Whitney, who gave the same answer as
Mr.. Housman, the first witness, and was then
excused.
Then Herbert c. Smyth. an attorney, of No
10 Wall-st., declared that he appeared for Payne
Whitney. H. P. Whitney's brother, who had
th1,r hi Tli0 ant
was unable to appear account of sickness
When asked by Mr. Osborne whether he thought
Mr.. Whitney would be able to appear at some
later date, Mr.. Smyth said that he thought he
would.
The fourth witness was Mortimer l. schin
whose father is the senior member of Kuhn,
Loeb G. Co. It is said that the subpoena was
served after much difficulty on Jacob II. Schif,
the young mans father and then when he was
informed of purport he declared that he
would attend TO his sons appearance
Mr.. Jerome later announced that the inquiry
was adjourned for the day, but that II would
be resumed at some later day. He could not,
however, name the day
TWO wRITs OBTAINED.
After the warrant was served Alfred Lauter-
bach called on Justice Scott in his chambers
in the Supreme Court, ard applied to him for
a writ of habeas corpus directing the immedi-
ate production before him in court of Jesse
Lewisohn The grounds which the writ
was asked for were that the proceeding in
which Mr. Lewisohn had been arrested was
illegal that Justice Wyatt was without juris-
diction and that Section $40 of the Code of
Criminal Procedure, under which Lewlsohn
was arrested, and which makes criminal Of
fence of the refusal to answer When called
upon to testify. unconstitutional
Mr. Lauterbach also obtained a writ of GER
tiorari directing Justice Wyatt to make re-
turn of the proceedings IN me mater h IN 1ruer
Justice Scott issued both writs. and the writ
of habeas corpus was served on Policeman
Becker in the courtroom, and Mr.. Jerome ac-
cented service of the other writ for Justice
Wyatt Mr. Jerome said that the warrant on
which Lewisohn had been arrested was for
criroinaI charge and that he had yet been
arraigned before the magistrate
Mr., Iauterbach explained the reason why both
urits had been obtained. and said that Mr..
JeWisohn was held in the custody of Policeman
Becker for criminal contempt of court, his al
unon the matters mentioned in Justice WyattS
commitment Justice Scott paroed Mr.
I.ewisohn in his counsers custody, and put the
:eTf necessary" said Mr.. Lauterbach. I'VE
shall carry the case to the United States Su-
nren,e Court and retain any other counsel we
see At Mr. I.ewisohn wishes IL distinctly under
stood that he is mot making this light out OF
anv particular regard he may have for Can.
field He is fighting to maintain the rights of
an American citizen, guaranteed py the con-
stitution. ..,. ...-o,-,s con+an
+ion he might get his very best friends into
trouble as a result of a little poker pdIy.
IF he and his friends sat down of an evening
to play and the party was raided by person per On
like Mr. Jerome my client might be called 10
testify. but the evidence could not ne use, useo
against himself. However, his testimony nnsnt
bring others into the case. and on their testl-
n3ony he might be charged with the commission
of a crime Therefore his fight
MOVE AGAINST JEROME. PERHAPS
When Ex-Governor Black asked yesterday
whether the proceedings of Mr. Canf1eld's coun-,
sell portended an attempt to remove Dlstrict
Attorney Jerome from office he rose from
his chair and said smiling:
.T cannot answer that question now.