New-York tribune., 1902-12-20
.LEUT.SOHN TO APPEAL.
.Justice Scott Dismisses Wrft-SecOnd
He011ne Postponed

The case Of Jesse Lewisohn, who refused ~
say whether he knew Richard Canfeld the gam
bier before Justice Wyatt, at secret lhqullS
IN determine whether the case against CanheIo
reputed gambling house in East Forey-loullAi III
St on which a raid made on Deceiiloel
should be presented to the grand jury was
heard In two forms yesterday, and IN poIh 'ne
banker got the worst of the courts ruling MT
Iewisohn refused to answer the question, on the
ground that his answer might tend TO lhcrlhi-
nate him, and subsequently refused TO answer
the same question when subp9naed before the
grand iIry After District Attorney Jerome hao
requested Judge Newburger to take official cog
nizance of the fact, and the judge had re1useu,
warrant for Lewisohn's arrest was issued ny
Justice Wyatt and served by Policeman bechei'
OF the Criminal Court squad, and Justlce oco'''
On Tuesday issued a writ of habeas corpus
charging contempt of court.
The first case yesterday was heard before
I,,stjce Scott who remarked that he understood
both sides intended to appeal and that 'heie
ues no use in wasting time in argument
'"The only question asked Of MT Le"lsoiiil d.
the inquiry was as to whether he knew MI
r,oneeId p" said the court Now, while there Is
wide latitude allowed a witness in deciding
whether or not the answer to a question asked
NAV tend to incriminate him. where IL Is per
fectly obvious that neither yes or no can
possibly do so. it is fully within the power VI
the judge to compel an answer A very ui0
tfnguished Senator from this State has' UNI
derstand boasted of his acquaintance with Mr.
Canfeld and has not been degraded oy IT, we
ALL have myself-known persons accused OF
criminal practices. I do not think addressing
Mr. I,ewisohn's COUNSEL that you have case
for the Appellate Division
Mr.. Lauterbach started to argue, but was
bn
miss the writ Mr.. Jerome said he would enter
tho formal order at Q o'clock and requested that
Mr. Uevisohn should be delivered at that time
ct don't want to have him locked up, he sald'
but l do want him where can get at MIN 10
continue the inquiry"
Justice Scott so agreed. Later Mt. jerome aiiu
Mr. Lauterbach consulted Justice Scott IN chanl-
bers and agreed on a form of order. whereon the
case can be appealed.
In the afternoon Mr.. Lewisohn was arraisned
before Justice Wyatt. Mr.. Lauterbach asked Tor
an immediate hearing. but the request was re.
fused by Justice Wyatt who said that mex
Monday would be more satisfactory.
Mr. Lauterbach then asked that Mr.. LewlSohn
be paroled in his custody and that the hearing
he adjourned to a date later than January b, the
day of the hearing IN the case OF Bucklin' Can
fields alleged manager His ground tor " ant
ing the long adjournment was that MI Levi
sohn might have in the mean time chahce
to purge himself of the alleged contempt. JUS
tice Wyatt consented that the banker should
be paroled, but declined to grant the request
for the longer adjournment. He fixed next MOI
day at o'clock as the time for the hearing
This much settled. Mr. Lewisohn started 10
leave the chambers
Bring that man back" said the District Az
torney to Detective Becker. who had had charge
OF Mr. Lewisohn Don't let him out that door
Detective Becker started TO obey the order;
and Mr. Lauterbach was offended. he told
Becker net 10 interfere with the banker. ana
then turning to the justice. asked that the DIS
trict Attorney be reprimanded for giving such
al order He declared that Mr.. Jerome had eN-
&C eded his authority. inasmuch as his client had
been paroled.
He is not paroled. because the papers are not
signed in the case yet" said District Attorney
Jerome I'VE must proceed according TO law
Mr. Lauterbach appeared TO think that Mr'
Jerome was right after all. and he said no more
After the papers had been signed Mr. LewlSonh'
accompanied by Mr.. Lauterbach, left the cham
beTs. . ,
An interested spectator at the morning pro
ceedIngs was Charles L. Hoffman. or Steuer.
Hoffman & Wahle. He remarked that ne had
received an intlmation that a client or his, a
business man in the financial district was hkeIy
TO receive a subpoena in the Canfeld inquiry
and that II was his intention, as soon as such d
subpo.na was served on his client, TO ask lot an
alternative writ OF prohibition. 10 stop the III