New-York tribune., 1903-03-04
HTTS JUSTICE HERRICK.
attack By E'r-Jastice Farsman an
B1ckhR Case.
nn,rera 70 VACATION OF srAY.

At,ackz upon Justice Herrick OF the Supreme
coprt and District Attorney Jerome we're mace
yesterday by ex-Justice Fursman in arguing ior
3 change Of venue in the case Of David w. Buck bnck-
lin Canheld's manager The argument was perore
T,,stIca Mccall Of the Supreme Court. mir. Furs-
mans ire against Justice Herrick seemed 10 oe
due 20 the fact that after stay mad oeen sla ,,1
h,, Justice MacIean to prevent the trial OF Buchh
from proceeding in the criminal branch OF the
Supreme Court pending the argument for a c"ale
oftveuue Justice Herrick set the trial ooNh lT'
March 6. thus keeping the case on the court ~ a.
endsr Justice Herrick's action was taken at 'he
ranuast of Afr Jerome who declared that the ar-
pIicatiou for a stay meant to scatter the VII, VII
nesses for the prosecution and protect the uh"if-
ing witnesses Reginald c. Vanderbilt among "'e
number. who had failed to obey the su'P"Fh"S -
attend The BucklLn trial
Mr.. Fursmen proceeded to criticise JusuCe iie
rick follows:
Heck had authority to Sc. srtnteS tnis fns b
down for trial in the face OF the stay geadd his
sTssSry usss JSstice HerFeE has 70 go
@ hack er7eE e 2F 0rSeI vent Gf f snd Justice
MCLEAN by saying that he believed that there naa
Lean in making the stay so broad. know know, that that
the order was granted after the most Herric is
sideratIon. This slur cast by Justice HeIlich 10
totally unmerited and wrong.
Mr.. Fursman's attack the District Attorney
was meant to convey the impression that ny ms III
tervievys in the newspapers Mr.. jerome hdu 80
prejudiced the BuckIin that fair trial coulu
Jerome had set the public against Canfields pace
by making the charge that the games AT oali-
fields were crooked and that suckers were
heeced by means Of brace games. He continued:
The latest thing done by this District Attorney
was 10 publish the allegation that there was piot p
on foot inspired by the gamblers to assassInsaISS
him. Every newspaper in this city has coInnlenIeu
upon this case extensively. And there mas I1t
been single comment that has not been advers&s sec 70
Garfield. Why, one newspaper, The Tribune, CRIT
icised so great man as Governor Black dnu ny ny
self for accepting fee for appearing Tor lheSss
men The newspapers have prachca"S 'i""U'0
The effect of all this Is only too apparent bEen
the District Attorney. in moving for a Speclai
iury to try Bucklin admits that the public ming
that il would be necessary to have special lurorS
to try the case say that not even special Jurors
could give this man fair trial, The conolpITTgn ITgn
of the public mind would not permit it The punHnc
has been taught to believe that this man IS gunty
and it has been further infiamed by the assasslna-
tion yarn
Assistant District Attorney Osborne. in opposing
the motion, said that Bucklins counsel had no
thought of applying for change Of venue until
recently when they discovered that the District
Attorney was obtaining unwilling witnesses.
He said the decision would mean much TO cr1mlnal
prosecution all over the country.
This is a simple gambling case, said Mr.. Os-
borne land this defendant is entitled to no more
consideration than any other defendant. True,
Garfield is a little biz bigger man than the ordi-
nary gamesters. but the case is not of enough I'M
Mr.. Osborne asked that the stay be modified
go as not to include "all proceedings. Justice Nc
Call fs expected TO give a decision before Friday
the date set for BucklinS trial before Justice
IJerrick and IL he denies the motion for change
of venue it Is believed that no further delay In
the trial will be tolerated.