The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-17

Jury as he had been before Justice Wyatt,
he went before Judge Newburger in Part
I. Of the General Sessions and asked the
Court TO bring in the Grand Jury. that
he question asked by the foreman OF
Lewisohn might be stated and that the
Court might instruct the recalcitrant
witness 10 answer in order that proper
proceedings for contempt Of court might
be taken against him. should he refuse to
answer.
AWAITED GRAND JURY's INITIATIVE.
Judge Newburger declined to do any
such thing, saving that he refused TO bring
in the Grand Jury for instruction until it
asked for advice
Mr.. Jerome replied that he didn't want
the Court TO advise the Grand Jury. but
that he wanted the Court to have Official
Information of the facts from the Grand
Jury.
If the statement of the District Attorney
said Judge Newburgcr lis that he does not
want the Court To instruct the Grand Jury,
then there is nothing before the Court for
mo to act upon; and. until the Grand Jury
present notice TO me. officially, that any
witness subj pnaed before them by the
District Attorney has failed 10 answer this
Court cannot act. 1t is for the Grand Jury
to inform this Court. The District Attorney
is no part of the Grand Jury. When the
Grand Jury inform me of failure OF a
witness to testify. Il will take proceedings
but not until then
Mr. Jerome based the reunes, he made on
the procedure taken in the case 81 the
People on the relation of Hackey against
Kelly, As lsported in the Twenty-fourth
New York r,ports. When he found that
Judge Newburger was not to he moved the
District Attorney retired and applied for
the warrant on which Lewisohn was ar
rested
LEWISOHN WILL APPEAL As HIGH AS
NEED BE.
After the skirmishing Of the day was
over, Mr.. Lauterbach said
The various proceedings taken by the
District Attorney to-day involved qiies-
tons Of such serious import that il is proper
that they should be argued at length before
a higher court. II we are defeat ed in the
supreme Court, We will, of course, appeal
and. il necessary, we shall go to the United
States supreme Court. IL such proceed
ings a. these are legal, then Jerome can
quite lawfully start an inquisiion to find
out about private poker party, for in
stance, given at Mr.. Lewisohn's house
He can use the testimony of wit nesses in
a case like that to convict somebody, per-
HAIRS, of running a gambling house.
we shall attack the legality of the whole
ar-chamber proceedings. We shall chal-
lenge the legality of the proceeding under
which MIR. Iewisohn was arrested, and
above all, We shall attack the constitution
atty Of the act which purports to give a
tempt and punish a witness who refuses
TO answer on the ground given by MIR.
Lowisohn. That provision of the Code
which specifies that n man may not refuse
10 give testimony in a gambling proceed
ing, for any reason whatever, is in contra
vention of both the State and Federal Con-
stitutions. / do not. of course, intend to
argue this case in the newspapers, but
there is absolutely no doubt that our con-
tention il sound and can be maintained
JAIL MIDWAY OF THE APPEALS.
Mr.. Jerome said: Il don't want TO dis
cuss the Constitutional questions involved
in this case at length. They're after us
and we don't want TO make any mistakes,
But the decisions Of the Federal Courts
that bear on this case arose. of course, under
Federal laws. We have warrant for our
action according TO the decision in the
Hackley-kelly case, which is reinforced
by the decision in the Jacob Sharp case.
We shall appeal; The appeal will act a.
a stay Of proceedings until the case reaches
the Appellate Division, which ought to be
some time in January. Whatever the
decision of the Appellate Division may be,
an appeal from il will not act as a stay, Of
itself. An application for a stay must be
made. If IL Is denied, the contumacious
witness would have to begin his sentence
STORY ABOUT APPEAL TO oDEIL
There was n story afoat yesterday TO
the effect that before theFarrell- Burbridge-
Walbaum confederacy get through with
their end Of the gamblers fight, they will
endeavor TO secure the removal Of District
Attorney jerome. Gov. Black was asked
if there was anything in the story and
he said.
THAT is something that ! cannot discuss
There are so many questions involved in
our cases that We cannot tell yet what we
will do Maybe the other camp will do
something but for them / can't speak.
] appear only for Frank Farrell and ". 7.
Burbrdge."
Gov. Blacks statement about his clients
is interesting owing to the frequent state
ments Farrell has made to the effect that
he has no interest in the house at 80 West
Thirty-third street or any other gambling
house.
SUBPOENA SERVER MET THE ELDER sCHIFP.
The unexpected happened when the
subpoena server from the District Attor-
ney's office endeav ored to serve Mortimer
Schir with his subpoena. The man called
at the Office of Kuhn, Loeb h Co. and was
ushered into the presence of Jacob II.
Schir. the young mans father. The elder
Schiff looked at the subpoena and. finding
out what IL was for, exclaimed accord IN <
TO the server.
That is not for me. 1t is for my son.
But you leave it here. I'll see that he
gets il and Ill see that he attends"