New-York tribune., 1903-02-17
NO ATTACHMENTS OUT.
Jerome Threatens Indictment Of De-
hnquent Buchfn Witnesses.
REGINALD c. VANDERBILT ONE OF THEM

nostnonemcnt of the trial of David w. Buck
lin Canfieidc snager. was followed yesterday by
the announcement that several of the prosecution
unwilling witnesses had failed to obey subpGnas.
p.oiraId & Vanderbilt who was in Newport was
one of the delinquents. District Attorney Jerome
threatened have attachments issued, and to have
the witnesses indicted il they failed to respect the
order of the court. He said last evening that no
attachments had been issued. and he declined TO
tell what had been done to obtain the attendance
OF the witnesses next week saying that he Old not
want to inform counsel tor the defence of the
prosecutions case in advance.
Buckn's tria postponed until next Monday
morning at the request of ex-Justice Fursman,
and against the earnest protest Of District Attor
nev Jerome Justice Herrick listened TO the argu-
ment that the counsel for the defence needed more
time prepare foi the trial, and heard Mr.
Jerome say that It need not take long to Gisprove
charge that II man kept a notorious gambling
house If the charge were false. Then he asked:
How long { time is covered by your compaint?'
That Is fully set out in the complaint replied
the District Attorney.
How long tme?" demanded Justice Berrick
again.
Not more than two and 4 half years. replied
Nj Jerome. and just think how absolutely simple
It would be. it must be, for any human being to
prove that he does not keep a gambling house"
That is The question here" ruled Justice
Herrick. 1T would have been necessary to put
the case had counsel been otherwise engaged.
and l want to give this accuSed-every man ac-
cused-every opportunity to prepare his case.
am disposed to let this case go over until next
week
Before making that order" said Mr.. Jerome,
will you order the witnesses served here to re-
main In court until can serve them again? We
have had very great difficulty in securing wit
nesses and we wish to note any default"
Why don't you close the door" asked ex-Jus-
tice Fursman, with laugh.
Il asked that the doors be closed" said Mr..
Jerome.
the doors were not closed. but the court clerk
called these names: H. Archibald PeI, Clarence
Luce ". A II. Stafford. DR.. D. L. Haight, r. c.
Vanderbilt H h. Lingard and Jacob Fields
Dr. Eaight and Mr.. Fields the only ones
who replied.
Counsel for Edward Wasserman. witness who
was stopped from going to Europe several days
ago by a subpoena. asked the court to order the
taking of a deposition. lie said Mr.. Wasscrman
did not want TO be detained. Nr. Jerome said that
the witness had been the personal broker of the
keeper of the gambling house in East Forty
fourth-st., and should be cross-exarnined because
he had close relations with the defendant jus
tice Herrick declined to interfere In the case and
the Buckln trial ordered 10 so on the calendar
for next Monday morning.
After adjournment District Attorney Jerome said
that he would under no circumstances grant any
concessions to the wanted as witnesses in the
case and that he would not take their dispositions.
He said that if the men had been put TO any in
with the principals in the case He added that
the men would be kept under strict surveillance,
and. as far g he concerned. would be kept
within the jurisdiction of the court, If such thing
was possible.
w a II Stafford called at the Office of Assistant
District Attorney Sandford In the afternoon, and
the two went to Mr.. Ieromes office, where Mr..
Stafford remained short time 1t was learned
that Mr. Stafford had not received his subpoena
until late in the forenoon, and not until he was
ready 10 start for Palm Beach. Fla, to which
place he said he had been called by the serious
illness of his son. His visit TO the District Attor
news office to see IL he could not be permitted
to give his deposition N answer to the subpoena.
Mr. Jerome expressed willingness to do anything
he could Mr.. Stafford then telephoned to Forbes
! Hennessey. of counsel for Bucklin, and asked
II an arrangement could not be anicabIy reached
whereby his deposition could be taken that he
could leave for Florida early train in the
evening
Mr ffennessey is said to have replied that coun-
sci for Rucklin did not feel in the least bit inter-
ested In the inconvenience to which the witnesses
asked late In the afternoon If he expected be in
court next Monday, but he said that he was not
able to the question
In admitting last evening that no attachments
for missing witnesses IN the Buckiin been
issued, Mr.. Jerome said that the witnesses could
be indicted for misdomeanor in case they failed
TO obey the subpoena and that under such indict-
ment could be brought back into the State from
any part of the United States but could not be
brought back from foreign country. II was
suggested that they might all be hostile witnesses,
and he smiled and said: -
We'll Jacobs Is the only willing witness I have
so far seen IN this entire case
said that III 1894 Garfield had been indicted for
a refusal to obey summons 10 appear before the
Iexow Committee, but that he had not been made
to appear and that subsequently the Indictment
had been dismissed.