New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-30
INCLINED TO GRANT WRIT
.SeroeU Seems Favorable to Parks,s
iSide-Reserpes Decision.
TRIAL CALLED A TRAvESTY.

No decision was reached yesterday IN the applica-
ton for a certificate of reasonable doubt In the
case of Samuel ]. Parks. the walking delegate or
the Housesmiths and Bridgemen's Union. who has
Just been sent to Sing Sing after being convicted
of extorting $500 from Josephus Plenty. con-
tractor of Hoboken. After an extended argument
which lasted until o'clock in the afternoon be-
fore Justice Sewell, in the Supreme Court, Brook
Iyn decision was reserved by the justice. who
gave Assistant District Attorney Rand until 10
a. m tomorrow to submit briefs. An opinion
seemed to prevail after court adjourned that Justice
Seweu seemed rather favorably disposed TO grant
the certificate
The argument for the certificate on behalf of
Parks was made by J. P. Eustace and Colonel
Robinson. The former. in opening the argument
said that the application was based on the ground
that the evidence the trial was insufficient to
warrant a conviction. and that there a wide
variance between the charge in the indictment and
the testimony. He declared that the court must
grant the certificate If there any doubt in
Justice Sewelrs mind that the conviction would
stand. Said Mr.. Eustace:
The defendant was convicted Of extortion. Now
extortion is defined in the Penal Code as the un-
lawful use OF force or fear, and fear may be a
charges Parks with doing an unlawful injury TO
Plenty's property Now, you viii notice that the
only threat that can be proved; but wnen the Dis Dis
that he proposed to prove something entirely diff
ferent.
Furthermore. the evidence. did not establish
crime The only evidence in this case was the
uncorrohorated statement of Josephus Plenty that
Parks had extorted 500 under threat to injure
and harass him, upon which statement Parks was
convicted. The evidence fails to establish crime
Plenty's men had right to strike and refuse TO
so announce, through Parks. His simple statement
that the strike must go on was not threat under
the statute.
Parks never saw the check which Plenty offered.
Plenty had the check on his person made out TO
the order of bearer. and when Parks went with
Farley to get the money for the check Plenty
Parks" This was done without the consent OF
Parks.
At this point Mr.. Rand interrupted to say:
Parks said: I will wait here until the check is
cashed.' "
Mr. Rand" replied Mr.. Eustace, you had your
own way in the Recorders Court, but hope you
will make your objections here in orderly man
ner I trust you not to run this court In
the Recorders Court you arraigned everybody ex-
cept the learned Recorder and few of the spec
tators."
Colonel Robinson. following Mr.. Eustace. said in
part:
The proceedings in the Recorders Court was not
a trial, but a travesty. There was no legal right
of the defendant that not trampled upon.
Those strong words. but we VII! corroooEate
them 1t was impossible for to get a fair trial,
to be decently heard and decided. don't say that
the Jurors who convicted Parks committed perjury,
but they into the jury box preJudiced against
the whole fabric of labor organizations
Opening In opposition to the motion. after a re-
cess Assistant District Attorney Rand said that
special panel Of jurors had been drawn. and that
the challenges of the defence had not been used up
until the eleventh juror selected. So great
latitude had been allowed 10 the defence by the
Recorder Lr Rand said, that, had there been
been severely criticised. The lawyers for Parks
had insulted the Recorder to his face.