The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-21

would try Garfield and Bucklin, his man
ager, just the same.
"Do you think that the decision of the
Court Of Appeals will affect supplementary
proceedings AZ it will affect gambling
casesi"
Il think it WILL" he said IF on the
stand In supplementary proceedings an
unwilling witness Is compelled to reveal
his financial affairs in such manner that
an opponent may use them against him
subsequently his rights are Jeoparded as
much as those Of an unwilling gambling
witness"
The decision was certainly a blow for
the prosecution said Assistant District
Attorney Cans, head Of the appeals bureau.
@We can go to trial, OF course, only on the
evidence obtained by our own detectives and
that of any other persons who may have
played and may be willing to testify. One
marlof prominence In town whose son was
subpenaed said that II his son knew any
thing about gambling going on In Cam
fields he would do his best to get the son
to tell what he knew. It remains to he
seen whether that mans mind has changed
with the decision by. the Court OF Appeals.
OF course, we can still subpoena Witnesses
and ask them under oath whether or not
they have gambled, but if they refuse to
answer that settles the case 20 far a. they
are concerned.
HThere is nothing else for US to do. We
are down and out and cannot carry the
question to the Supreme Court OF the United
States. I think We have enough evidence
against Garfield and Bucklin to warrant
going to trial
Members Of the gambling fraternity were
jubiant. IAN we've got to do, they said,
is to see to it that no detectives, get
into our places and to cater only to those
whom we know as stanch, trusty players.
Reginald Vanderbilt, who was called as
witness when the Bucklin case was In
tho criminal branch Of the Supreme Court,
and who has kept out Of town, 30 far as the
District Attorneys office has been able
to learn. can now return without fear that
he and the other Yale men who played at
Caniield's will be compelled TO testify
about it in court. Mr.. Vanderbilt. by the
way. was never subp9nasd. A county
detective served the subpoena on the wrong
man.
I.ewisohn Is cousin Of Assistant Dis
trict Attorney Cans When he was first
called before Justice Wyatt and asked
whether he had ever been in Canfeld's
place he refused to answer. He was then
held for contempt of court and taken before
Justice Scott. Justice Scott held that there
was nothing to inoriminate or degrade
him in answering that question and sent
him back to Justice Wyatt
When Assistant District Attorney Sand
ford repeated the question Lewisohn
answered yes. Mr.. Sanford then asked
him whether he had ever gambled in Can
fields.
Il refuse to answer on the ground that
it would inoriminate me- said Lewisohn
upon advice from his counsel. He was
then charged with misdemeanor and
appealed to Justice Scott Of the Supreme
Court. who decided against him. The
Appellate Division subsequently overruled
Justice Scott, and yesterday the Court Of
Appeals sustained the Appellate Division.
Canfeld's trial is to be held in the Supreme
Court in Binghamton and Bucklin's In the
Supreme Court in Cortland. Both trials
| are set down fop next month.