New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-18
OFFERED TOPLEADGUILTY
rANFTELD DID. 1T rs SAID.
.Jeromc and ELsberg Hare Tilt at
Hearing.
-, -rl.Eer.rH 70 rHE rnIsUNE-l

fIr q
tsrs - legal fencing with Senator BisDeis' VINO
,,-.s.ly ATTENDED the legal theory Of the amend
rent t8 Mr. Jeromos BAL which Woula permit
Csngefl to escape. The debate was i@iheu -
many sharp pasaages anc Dlstfict Atloiiios 0'-0
,rg.~.--Ir arsaIIed the numerous eApLALauollH li'
.,.4 n,. esraio- Elsberg for these amend menus
which base already been denounced on the moor
20 tie senate Hy the leaders Of tho Republican ma
s..,-. seualor EIsberg was alone IN the oeo~1e
80 other member of the committee speaking on
81. .I4, a Fair erau4pIe OF the keenness q the
CsfFte was furnished when Senator HAsDets e~es-
-Iorsd District Attorney jerome on MS efort %
t.f.a,sra a member ~ the University Oluo VINO MAO
r,...r .s.en al CauGolds. District Attorney jerome
replied
..ycs 2 did subpoena one gentleman. Any one
,rto went 10 CaudeIds with his card with an . h
got ,r You know well as l. Senator whose
20 X. OBJ "a persons card all right. though you
cay re never played.
u Goat thluk that ] have the same INA" '1
mind replied Senator Esherg.
ron yes" was tLe quick reply. Il think there
Is only ono tout FOR Caudeils in the University
Club"
..T-I,sa. the Senator must have very limited a.
osa.ntanos with the membership there, because
this man is very popular snapped Dack '4s'Ii0'
Attorney jerome.
BASIS or ELsBERGs OBJECTION.
The basis of Senator Elsbergs objection 10 The
flu as drawn hv District Attorney Jerome ap-
.--c.rv ,a, IN lie belief that under its provision
Forns innocent oulooker. who had gone 10 see tAe
rlsv would De forced into the degrading posltlo1
~ having 10 testify in court. when at the tine he
went 10 the gambling house the ia" protected
,t-7 senator EIsberg provoked merry laugh by
citing az an example the fact mat ne ma" p.
s5nalIy gone 20 gambling house IN long Dla .
not as he carefully explained, 10 play out JUS -
look on IN addressing ElilseL 10 TINS f'l-' ~
1rict Attorney Jerome said.
.- r-.1t.+ Dts1@rT A ~auFell for keeping
q raral.1s house in tbe city o. New York, and
49,, =, t,.i-r,.ra Raeiuald Vanderbilt 20 testify
w., cl-,'--5 re money he lost in play there II
V-oU nssg this blII there VIII be members 81 tne
bo Vii ef s.Hplenas but it win never get 70 that
point because rather Jl, i ~ Mo vas not
S7rr ,ii.sf,rIay in the city OF New-York: al 10.
orr or tfc country or plead guilty. Now. am
breaking nc confidence NttL - ' -. q 80
tension I'd sentence or a fne, but ] would not
stand Cor this.
IT want to say this" Senator Elsherg interrupted
s.snd make the settlement now and publicly that
40 far AS lam concerned would welcome prose
cutioa OF this man"
..rher why not give me q chance 10 DO ito wac
fho quick retort
JEROME TELLS or THREE CLASSES.
Taking senator EIshergs example OF his own
-as.l entirely innocent ia is character, 70 Long
Branch gambling house and assuming that IL was
size man u his position that the Senator desired 10
protect District Attorney Jerome procee led In the
face OF sharp cross-Ilay ~ questions from the
Senator 40 demonstrate that this man could not be
affected hv tHr present law. TO do ths, District
Attorney jerome divided the persons concerned into
tHree classes. First. the gamblers; second. the
1uan who goes 10 the gamblers house and plays
and thira. the man who crops iu 10 Not sus-
'.-e-Inc tho trap Senator Elzberg promptly adj
Knitted thar he was not concerned with the man
prosecuted for keeping gambling house beyond
PROTECTING him iu his constitutional rights At this
declaration District Attorney Jerome inquired n
Senator EIs5org would not be glad TO have the bin
passed uHemlndei SO far as this man was con-
rornod
.T think &C.," was The reply.
'1iave you any doubts az all2" was the smiling
question.
cross examination" replied the Senator sharply. I
District Attorney Jerome then took up tho case I
OF The man who went and played. thus committing 4
felony under the law.
you have 10 concern in regard 10 him. have I
FoUc- De Inquired.
Not particularly. no." replied Senator Elsberg.
Having thus eliminated two Of the three classes 4
concerned District Attorney jerome proceeded 10 4
she third Saying:
u viii show The way. D think very clearly. by /
which every objection which the senator has stated
70 the bin win disappear"
Il have stated al the objections I had replied /
Senator Elsberg holly.
Il assume you have stated them Vow you state /
thst sou have stated them aIl" replied Mr. jerome.
ELsBERB OBJECTS To STATEMENT
or don't Like the statement. Every objection
-rhich jhe Senator has stutedr' objected Senator
11Isbcfg. who finally Modified.
District Attorney Jerome then sprung the mine T
90 which ne had been leading. asserting:
wow, then. your solicitation is wholly for the
shrI party who is innocent OF criminal offence, /
hut as tHe law stands the statute books he
can De made TO testify. This bin does In one
iota increase his liability, because he could not
DO YOU mean inquired the Senator. that a
VINO went there could not plead that his
answer would tena 10 incriminate or degrade him
and refuse % testify
''ilot without lying. because 81 was rot possible
20 iucr-nInate him and any judge would lave 10
s6vise him testify ~ he appealed Cor advice
5 : sil- NM ~, ,5e man senator I-isbsrS IA
chosen as example Of the person he thought en-
titled legal protection not affected by the
tsJing lsyv ar Jerome added:
II seems 90 me, senator that coming 10
enrire agreement in the matter.
We always VIII when you come here, instead Of
talking through the newspapers. replied Senator
District Attorney Jerome smringly explained that
be had found busy legislators gave more attention
,sber ~ fol,sft he for,Fhf With en- y-esr,orE
The hearing ended with good natured Testing.
JEROME ARMED.
An amusing example OF the manner in which
District Attorney Jerome had armed hir1sef FOR
ths FRAY was furnished early in the hearing when
TeaEon the bin had been amended 20 take effect
September : was that this was the invaria bic
nrsctce With code amendments. District Attorney
Jerome a. once produced table showing that
made 20 take effect Immediately. against $50 on
September ! senator Elsberg explained that he
only referred 70 The last Elk years. the lime IN
hich he las been IN the Senate. but that Ia us
Am9 III WaE ar iuva-iable rule.
The Senator e mistaken: i have also n-erprss
table that covers SIX years. The Senator H.
wrong about t1is TOO. said Nr. Jero1s s1ailingly
q the session, large number OF Senator'S sTS
hssenni men being present and msnifesting The