The sun., 1902-12-23
LEWISOHN ARRESTED ANEW.
MAGISTRATE WON'T DISMISS CASE
AGAINST BROOKS.
Canf1eld's Counsel Learn That Raid War.
rants Came From the District Attor.
ney's Omce-l.Ong Future Apparently
Ahead Of the Gambling Cases.

contempt Of court and again arrested for
contumaciousy refusing to answer a ques-
tion put to him yesterday morning "in the
matter Of Richard A. Garfield"
The secret proceedings were continued
yesterday for his especial benefit. He was
asked first il he knew Richard A. Garfield
the question he had refused to answer last
week, and he replied that he did, Then he
was asked:
Were you in Canfield's house at East
Forty-fourth street prior to Dec. 2l, 1892"
i decline to answer" said Lewisohn,
"on the ground that it might tend to in
crminate me"
Thereupon Justice Wyatt adjourned the
hearing and Lewisohn walked out and told
his counsel. Alfred Lauterbach. what had
happened.
The District Attorney" exclaimed Mr.
Lauterbach, has played an infamous trick
on you. He knew that you would not
incriminate yourself by testiiying about
an outlawed offence and wher he had you
where you couldn't avail yourself. of the
advice Of counsel, which would have been
to answer, he sprung this trap on you"
Mr.. Lauterbach and his client then went
Immediately before Justice Wyatt. to whom
Mr.. Lauterbach complained Of what he
regarded as trick.
The Justice promptly reopened the secret
proceedings Mr.. Lewisohn was then asked
Were you ever in Richard A. Canfields s.
East Forty-fourth street. prior to Dec. 2l
1892"
90 not remember, repled the witness
Have you been In Richard A, Canfeld's?'
was the next question.
10 you mean nave ever been there IN
That what | meanr replied the Assist
AM District attorney
decline TO answer. then, replied the
witness. on the ground that II might In
crihihate me
Mr. iAwisohn was thereupon, adJudged
IN com empl again, was again arrested and
.ourt y On haoeas corpus he was paroled
uh.i Wednesday when the merits OF the
controversy as 70 the consttutlonahty of
the immunity clause OF the code will be
gone INTO Late IN the afternoon MIR
jerome SAD: , mn,
is evidence against Canileld. II Is a pre-
sumption that under the same occupant
ne same SANE use Oh tne mouse mas continued
II couid connect Sanheld with that house
prior TO Dec. p. 1897. it was all wanted
AS testimony on this point could not in
criminate, Lewisohn on account of the
~ 70 ,s hn ~ a,taT anu n,, Hou s etI, nd
prior 10 Dec. 81, 1sa7.'
In the afternoon Lewisohn was arragned
Which Uh he he og9a Wss % he ehaf
adinIra,j nn,a,'eu, "i,e' ~ , ,ls 'iau M.i Ieel'
anS ~ ;uo,i.'"ps p, on ~, ias. iucsuay
aad az nis eNatniha',3n . W was SET down ior jan
The criminal charge brought by Garfield
against Police Inspector Brooks, for il
80, 10 Canfatd h,,,e. ~. rai', VI. VIC
,,,shI tno ai,Ie,u ,,ouse p Nas ,autn, came
up before magistrate brann In the f2rkville
police court Yesterday afternoon. Eugene
A. Philbin and WE'LL 4 WE'LL appeared for
Brooks. Judge Fursman. John belebantv.
Forbes Hennessy and John I Little appeared
for the people. The complainant in he case
was David 4, Bucklin. said to be Garfield s
Bucklin present himself in court. Judge
F,trsman said l. WASH I necessary and the
Court 40 ruled
John Delehanty, who has been Mr. Can.
fields counsel for fifteen years, was the
first witness for the people. He told how
the police came in by the window. Nobody
in the house had heard Of any demand
at the door for admission. The outside
storm door was open and the electric bell
was accessible
"What's the house used for?- asked Mr..
Philbin.
O-How did you bappen 10 be there, -
To see MIR Canfeld on professional business,
prior to his departure for Europe
QLDid you know. that the house was to
be raidcd that night, A-No.
cVe,MM. 10 ,,o ~ Ma; buck1,h' So,' lie is Mr
nronertv bere in Sa ratoUs and e,snmhara ~
keeps bank accounts for him in four or Ave- Ave-
different banks
o. Why did YOU suggest to Mr.. Can field
that ne open the doorf 40 stop the idiotic
2procee1Ines OF co,nine ,hIoueh the wlhdow,
Inc "noow WASH , maze ior tnst purpose
- now ~, up you Sno% .ne OUTSIDE d0or was
open ,nat nisn', h.-because came through
il never is locked eycept wbsp tSn bo,.s .nd. !.
untenanted. -
-Four cab drivers testified that tbev sa ,r
a ladder rushed through the front w,ndor
and aw men 90 throug6 tho w;ndnv TIA.
also testif,ed That they saw nohodv ,naL.
any attemnt 70 GOT IN bv the dnor mnt;,
after the window was s. smashed. ''' u'''''
That closed the case for the comp,s;nor,
and MIR. Philbin moved FOR Brookss ,i. dis.
charge The motion was den,ad Wac,s, 20
Rrann saving. was 'e''''' ''"ts ''''a'e
sI'ii not discharoe ,be defendant "a tho
case now stands It's I'M 10 Won, Mr. phil MI
hin ''"' '''' '''''
Insnec,or Rrooks tes,;6ed Tim, bo d.
rectea Police Sergeant Cohsn ~ nv, ,ad
der I'm m one ~ the front w;ndowps ond soa