New-York tribune., 1902-12-23

Jerome Gets Second U,r1t-Banker
Mann On 4nother Question.

Jesse Lewisohn was arraigned yesterday before
Justice Wyatt in the latter's chambers In the
Court of Special Sessions. The justice remarked
that Mr. Lewisohn before him charged with
a misdemeanor and that it for the Court OF
Special Sessions to decide the case Mr. Lauter-
bach said that he thought the case might be held
over I'VE don't want to waise examination and
be held Sessions he said. because we still
want the right to examine witnesses. Justice
Wyatt decided to continue the hearing
On the third Monday in January Mr. Jerome
then announced that he had another warrant Tor
the defendant.
Il understand" said Mr. Lauterbach. that this
warrant charges him with contempt of court for
refusing to answer this morning. I ask that Mr.
Lewtsohn be allowed to remain in the custody o.
the officer and that the officer take him TO the
Supreme Court, where 1 will swear out a writ
Mr. Jerome said the arrangement would be salts
factory to him. but I ask counsel he said, TO
make his answer to this charge in the form OF a
demurrer and not TO traverse it. Then we can go
to the court above and the point of law may be
settled without troubling my assistants and Judge
Wyatt to appear witnesses"
Mr. Lauterbach said he would have to take time
to consider the question of facts. If they were
agreed to facts, he said, he would be satisfied
to rest demurrer.
Referring Mr. Lauterbachs complaint or the
morning, that Mr.. Jerome had tried to trick Mr
Lewisohn, the District Attorney said:
That is what we get for trying to be courte-
Gus. We purposey asked Mr.. Lewisohn questions
if could have gotten the evidence in that way
we would have been satisfied. We are not cunning
for Mr.. Lewisohn. We looking for evidence
against gamblers
Mr. Lauterbach appeared before Justice Scott, In
the Supreme Court, in the afternoon, and was
followed by Mr.. Jerome and Lewisohn, in the
said he would at present petition for an
other writ of habeaS corpus and certorarl to Jus
uce Scott in order to have the legality of Justice
Wyatts action and the constitutionaltty OF the
section Of the Penal Code passed The writ for
which he intended apply would be in all respects
tained the allegation that Lewsohn had not COM
mitted any contempt of court in refusing to an
swer this additional question:
Have you ever been in Canfed's establishment
The section of the law relied on by the District
Attorney, Mr.. Lauterbach said. providing that in
cases of gaming the testimony of a witness could
not be used against him. could not protect Levi
SOM from prosecution and was therefore uncon
Stitutional.
Mr.. Lauterbach said that the District Attorney
had first asked LewisOhn if he had been in Can
neld'S prior to December l, 1897. period of more
than hve years ago. which would absolve him from
prosecution under the gambling statute Mr.
that to persist in his refusal to answer would he
10 commit a contempt of court. Justice Wyatt
counSeb said. at his request reCpened the inquisi-
ton Wnen Lew1Sohn answered the question in the
Jerome next asked the question which resulted in
LeWiSOhn'S second arrest.
ne writ OF habeaS corpus issued by Justice
scott and served at once Officer Becker.
. Inc warrant Of al rest is legal its face" said
Ine District Attorney. and be controverted
shall prepare all the papers to-day accept SER
wee OF the writ of certorari and argue the ques-
uohS on wednesday morning