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

Nothing About Garfield and Adds His
Opinion Of Mr. JerOme's Procedure
Yarn About Appeal 10 Odeli ny the
Gamblers-NO More secret Inquiry
Harry Payne Whitney. elder son Of VIII
liam c. Whitney; the younger son. Payne
Whitney: Jesse Lewisohn of the United
Metals Selling Company. Mortimer L. Schir
son and partner of Jacob II SchiH, the head
OF the banking firm of Kuhn, Loeb 4 Co (:
and A. A. Housman of A, A. Housman 4
Co, bankers, were among those under sub
pTna to appear at the District Attorneys
Office yesterday in the case of the People
w.. Richard A Garfield
The proceeding were halted by the re-
fusal Of Jesse Lewisohn to testify either at
the secret examination before Justice
Wyatt as a Magistrate in the library of the
District Attorneys Office or before the
Grand Jury.
Az a result of his refusal, Mr.. Lewisohn
had busy afternoon. He was adjudged
in contempt of court. was arrested on the
charge of having committed n INSIDE
meanor and was held In custody in the
Criminal Courts Building until his attorney,
Alfred Lauterbach. had him brought before
Justice Scott in the Supreme Court on a
writ of habeas corpus and certiorari made
returnable on Friday morning at II o'clock
Until then. Mr.. Lewisohn was paroled
in the custody Of his counsel
IEwIsoHN STANDS ON HIS RIaHrs.
Mr.. Lewisohn went to all this trouble
his counsel says, because he believed that
his rights as an American citizen had been
invaded by the District Attorney He di-
rected his lawyer 70 spend what time and
money that might be necessary 10 establish
those rights, If possible. Incidentally,
Mr.. Lewisohn is quite willing that all the
other witnesses subppnaed by the District
Attorney in this proceeding should avail
themselves. "a they may. of the fight he
is making
Lewisohn wants II understo God, however,
that he is not making his fight out of any
particular regard for Mr. Garfield He
says he doesn't care anything about Can
field. one way or another. He doesn't
affirm or deny that he knows anything
about Garfield or his business and he doesn't
purpose if he can help il, to give the Dis
trict Attorney the satisfaction of finding
out. from him, whether he was ever in Can
fields place or not.
II was said last night that Mr.. Jerome
would not go on with the secret inquiry
until the habeas corpus proceedings were
disposed of, Up to date. therefore, the
District Attorney has got nothing on
Garfield.
WITNESSES WHO WE'RE THERE
OF the witnesses subppnaed yesterday,
1t is known definitely that Mr.. Housman,
IA we'll as Mr.. Lewisohn, responded. II
was said that Harry Payne Whitney and
Mortimer l.. Schif were also present.
Payne Whitney sent his attorney, Herbert
c. Smyth of Is Wall street. to say that il
was impossible for him to be present.
Mr.. Housman was the first witness called
He simply said he knew nothing about
Garfield or his business, and was excused.
II was said that Mr. Harry Payne Whitney
similarly testified
Mr.. Housman Is very indignant that
his name should have been connected
with these proceedings in any way and
said yesterday afternoon that he made
som" very pointed remarks To Mr., Jerome
while he was on the stand. He told the
District Attorney that his mode of pro-
cedure had a tendency 10 impair the bust
ness standing of every business man caught
in the jerome dragnet.
Il know nothing about Garfield and
his business, and jerome should havo
taken the trouble to find out before he
dragged me into this thing" said Mr.
Housman Some folks who didn't know
habit Of frequenting gambling houses
! regard Jerome's actions a. high-handed
and an outrage on reputable business
men,.
ONE LAWYER WHO GOT IN,
In appearing for Payne Whitney. Herbert
{, Suyth has the distinction Of being the
only lawyer, out side the District Attorneys
Office. who got into Justice yatt 5 presence
during the hearing. He walked up to the
doorkceper and said;
I'm Herbert {, Smyth and have a sub
pPna here
MIR Smyth showed the subpoena and the
doorkeeper told MIR. Smyth TO walk right
in. Mr.. SInyth did 20, and presented the
regrets of his client who. he said, couldn't
possibly be there yesterday.
LEwIsoHN REFUSES TO ANSWER
Then Mr. Lewisohn was called. An
Assistant District Attorney asked him;
DO you know Richard A. Canfield?"
Il decline to answer" replied MIR Lewis
ohm, "by direction of counsel whose assist
ance am here denied on the ground. also.
by direction of counsel, that my answer
might tend to incrimnate and degrade me !"
The witness was told that the Code pro-
vided that he could not refuse to answer
questions in gambling proceeding on that
ground and that no answer he made could
be used against him. Still Mr. Lewisohn
declined to answer, and the Assistant Dis
trict Attorney then asked that the witness
be adjudged in contempt of court
IN CONTEMPT AND TAKEN BEFORE GRAND
JURY.
Justice Wyatt so adjudged, and Mr..
Lewisohn left the stand.
Justice Wyatt imposed no penalty on
the ContumaCious witness, but subpoena
summoning him to appear forthwith be-
fore the Grand Jury was handed to him
Thereupon, Mr.. lcwisohn was directed
10 proceed to the Grand Jury room, where
the foreman, by a previous arrangement
with the District Attorney, asked him
the same question put to him before Justice
Wyatt,
AGAIN REFUSED TO ANswER-ARREsTED.
The witness declined To answer on the
same grounds. He was then put under
arrest by Policeman Becker, who served
upon him warrant issued by Justice
Wyatt, as a magistrate in which he was
charged with "A misdemeanor in having
contumaciously refused to answer a q,ies-
ton. The warrant was issued on dep, ST.
tons made by Assistant District Attorney
Sanford and a stenographer.
HABEAs CORPUS AND CERTIoRARI
The prisoner was kept in the Crimna
Courts Building in custody of the police
man until Mr. lauterbach had obtained a
writ Of haheas corpus, under which Becker
produced his witness before just ice Scott .