New-York tribune., 1903-02-24
CASE KEPT ON CALENDAR
Fresh .Smbpoenqs .Se,Ued on Some
BUCkim HHneSsGs.
n. c. VANDERBILT STILL IN NEWPORT

Eitb the aid of Justice Herrick, District Attor-
n.,v Jerome succeeded yesterday in keeping the
case OF David w. Bucklin. canfield's manager, on
the calendar of the Criminal Branch of the Su-
IRENE Court in spite the stay granted by Jus
tce AIacI.ean prevent the trial of Bucklin from
proceeding pending argument application
Tor a change of venue By that step Mr. Jerome
may have defeated the plans of Buckins counsel
10 free Reginald Z. Vanderbilt and half a dozen
OF her unwilling witnesses from the subpuenas
which called them 10 testify for the prosecution
If the aprcation for n change OF venue is denied
and Bucklin is forced 10 trial in New-Nork county
early next month, the men who have been hghung
to keep from testifying against him must obey the
subpoanas served on them, or be liable TO lndict-
ment for contempt of court.
When Justice Herrick opened court yesterday
morning Mr.. Jerome said that notice of the stay
had been served on him He continued;
Your Honor VIII recollect that when this case case
Was 1iret placed on the calendar and the day fixed
for trial application was made for adjournment
the ground that counsel Tor the otI was
engaged. Then, when the case was cal!ea "a d SO So
ond time, counsel stated that he was not prepafftp
10 go on. and asked for two weeks more, WhlGn
Was granted. When the date for Irlal was again
set for to-day. nothing said by the counsel
,n1erf l@F Ie qedTI o5 motion for Change Of Venue
/; would have been better faith To the court II
me on Saturday afternoon the stay was obtained
from Justice MacLean too late Tor me RlsiG' m any
WAY do wish to say anything dlsresLecIII VI u
9 Nj 1sse oa he o%d Sge to o give @ an oppor-
tInifv to the witnesses in the to get out OF
The Jurisdiction Of the court / Will therefore ash
maj the witnesses may be resubpnnaed- Some o1
the witnesses are here and some are absent
Justice HerTick said in reply that ne thought il
had been an inadvertence the part of Justice
AlaeI-ean in making the stay broad, and that he
would hold the case on the calendar for March g.
The witnesses for the prosecution who were IN
court were served with subpPnas TO appear at
that date. They were Edward Wassermann, a
Mall Street broker who has been anxious TO sail
for Europe: William A II. Stafford manufact-
urer. who is ANXIOUS to 20 Florida and be with
ms son. who is death; Jacob w. Field, a
broker and Edward - Evans, cashier of the Bank
Of the Metropolis. where Canfield has kept an ac-
Mr. Vanderbilt Il Archibald Pell. H Is
Ningut, Mortimer l. Schf and other men, who
failed 10 respond SubpUnaS week were
absent Vanderbilt said TO be in Newport
and intending remain there
J,pn,4 served him he said he would make
another attempt o arrange have his deposition
taken and get excused from attendance at the trial
MI MaSSermann said he mao an imperative Ell
l-agemeut in Europe and he did not know what tC
do. He about TO sail for Europe tortnlS hi
azo when he WAS stopped by subpoena.
Mr. Jerome and his assistants declined yesterday
talk about the effect OF the stay IN the Buckhr
case 1t believed in the Criminal Courts Build
ing. however that the action in keeping The Buck
lin case the calendar holds all the witnesses fOl
the prosecution unless the application for a change
and some other witnesses We're not present 10 bt
served with fresh SuhpGanaS viii not excuse them
ii said. if the Bucklin trial is held in New-YorB
County. If another county Is designated Tor the
trial however il is believed that Of the wit.
nesses under subpoena VIII be forced to appear
unless they can he served in NeW-Gork County
cripple the for the prosecution. and. In addi
zion. would add considerably 10 the expense of the
change OF vigorously when the argument
comes an March J.