The sun., 1903-02-24
CANPELD WITNESSES KEPT.
JEROME. IMPUTES BAD FAITH
TO EX-JUSTICE FURSMAN.

Justice Herrtck Alse Seems 70 Think
That Justice MacLean's stay Was
Improvidenuy BroaA--Case Continued
on the Calendar-New subp1nas.
The case Of David W. Bucklin. manager
Of Canfcld's East Forty-fourth street
gambling house. was called for trial yester-
day morning In the criminal branch Of tho
Supreme Court. BY reason OF the stay
granted on Saturday by Justice MacLean
Of the Supreme Court, II did not 60 on.
but on motion Of District Attorney jerome
it was continued on the calendar until
March in order that witnesses under
subpoena might be held in the jurisdiction
Of the court.
Four Of tho witnesses Of most importance
who had BEEN subponaed were on hand.
They were Jacob Field. Edward G. Evans,
cashier Of the Bank Of the Metropolis:
Edward A. Wasserman, broker. and VIII
liam A. H. Stafford. manufacturer Of inks.
Reginald Vanderbilt, Arohio Poll. DR.. D.
l.. Haight, Mortimer L. Schin. H. K. Vingut
and Payne Whitney were not present.
Mr.. Wasserman's business interests have
been seriously injured owing to his deten-
ton In this country because Of the delays
in the trial Of the case. and Mr.. Stafford
las been detained from going South with
sick son. These two men have tried to
have commissions appointed to take their
testimony in order that they might be
free to 60 and the District Attorney has
agreed to their proposals. Bucklin's law
vers, however, have refused. SubpRnas
for March were served upon the wit
nesses in court and the special panel Of
jurors was excused until the same date.
The secrecy in regard 10 the absent wit
nesses which has characterized the District
Attorneys Office since they first failed to
appear continued yesterday. Mr. jerome
did not seem to be at all disturbed by their
absence. At the opening OF court he said:
Your Honor viii recollect that when this
the day fxed for trial application was made
for adjournment on the ground that counsel
S. the Isen snts tse
time counsel said he was not prepared 70 60
on and asked ior two weeks more, which
again set for to-day nothing was said by the
counsel for the defence about asking ior
a stay prndinx argument on motion for
It would have been better, faith to the
Curt II counsel lES-Justice Fursmarl had
aiEstsd h plan then !, seems to 9SsanoS %s oS
from Justice MacIran too lato for tho Dis
trtct Attorney to have IL amendcd In any
respectful TO Justice MacITan. but do not
thinl, that his action should be allowed TO
givc an opportunity to the witnesses In this
case to get out Of the jurisdiction Of the court.
| will, therefore, ask vour Honor to hold
this case over for awhile SO hat th; h; ,S witt
are here and some are ab'"nt.
Il do not think" Justice Herrick said,
that in signing this stay Justice MacLean
intended 1t to be 40 broad in its terms. l
think it was through inadvertence on his
part and believe that he thought nc was
signing the statutory stay. Hence, ] do
not think that he will hold the District At
torney In contempt il he takes other pro-
ceedines outside OF staying tho. trial and
does not cot the case down for trial. Mean
while we will continue the case on the cal IN
dar until the matter Of the change OF venue
IL settled Witnesses In court will re-
main until new subp1nas are served