New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-17
LEWISOHN TO TEST LAW.
HE IS COMMITTED TWICE.
Refuses to Testify about Gambling
at CdnfeldS.

Armed with the gambling law passed at
the last session Of the Legislature. District At
torney Jerome yesterday began his promised
campaign against Richard A. Garfield and other
gamblers by calling Jesse Lewisohn as a wit
ness in two proceedings interrogatrg him as
TO his knowledge Of the Garfield establishment
at No. East Forty -fourth-st., and causing his
arrest and commitment on separate contempt
charges when on the advice of his counsel he
declined to testify. The real meaning Of the
proceedings was that both the District Attorney
and Mr.. Lewisohn had resolved to test the con-
stitutionality Of the new gambling law. passed
as n direct result Of Mr.. Lewisohn's successful
fight against the old law
Brought before Justice Wyatt shortly before
10 O'Clock yesterday morning, Mr.. Lewisohn
was questioned regarding his acquaintance with
Canfeld. After admitting that he knew Can
field, Lewisohn declined to answer any ques-
ions about his alleged experiences at No. )
East Forty-fourth-st. on his refusal he was
promptly committed, the application of the
District Attorney. for contempt, and was turned
over to the custody of County Detective Rear
aon. Mr- LewisohI's counsel. Alfred Lauter-
bach. at once applied to Justice Dugro. in the
supreme Court for a writ Of habeas corpus. de-
clarng that Mr. Lewisohn had been examined
IN a proceeding from which mis- counse! had
been excluded and at which Cande ID was neither
present nor represented by counsel The writ
OF habeas corpus was issued and Lauterbach
returned to his client.
In the mean time District Attorney Jerome
had taken another step. which brought ON an
unexpected tangle OF legal proceedings Imme-
diately after the proceedings before Justice
Wyatt, Mr.. Lewisohr was taken to the grand
jury Before this body Assistant District At
Ing that between January l. 1901 and Decem-
Der /. 1902. Richard \. Garfield had kent a
gambling house and permitted faro and roulette
10 be played there. Mr.. LewiSohu was then
summoned to testify in this case. and District
Attorney Jerome began his examination. After
Il few immaterial questions MI Jerome asked
the witness if he knew Richard A CanfeId
Lewlsohn replied that he had known him for
six or seven years He was then asked about
the house at No. East Forty- fourth-st The
witness gave rather indefinite answers and
after some sparring the District Attorney sud
denly inquired:
WHEN LEWISOHN BALKED
Were you ever in this house,
After a moments pause Lewisohn replied
calmly: Il respectfully decline to answer that
question on advice of counsel on the ground
among others. that it would tend to incriminate
or degrade me- or subject me to penalty. and
l claim my constitutional rights and privileges"
thus setting up precisely the same plea he ad-
vanced in the former case.
At the District Attorneys request the fore
man of the grand jury then asked Mr. Lewisohn
to answer the question and Mr.. Lewsohn again
declined.
THAT there may be no mistake" persisted
Mr.. Jerome. Il again ask YOU II YOU have ever
been on the premises of No. = East Forty
fourth-st?'
Again the witness declined to reply, and he
similarly refused 10 answer questions as to
whether he had ever seen Richard A. Canfieid
there or had played roulette in that house The
issue having been squarely raised District At
torney Jerome then took Mr. Lewsohn before
Judge McMahon I'm General Sessions The fore
man of the grand jury handed up a present
n layK Inns VAfrfG G.aI
Mr.. Jerome rehearsed the proceedings and re-
quested that the court direct Mr.. Lewisohn TO
answer the questions.
Are you willing to answer the questions that
were duly propounded by the foreman of the
grand jury?" Judge Mcmahon asked. Mr. Laut-
erbach replied that his client declined on the
ground that he acting within his constitu-
tutional right in such action. After some
further objections interposed by Mr. Tautar
bach Judge Mcmahon announced that he would
give Mr.. Lewisohn an opportunity to declare his
Willingness to answer the questions. on his
further refusal Judge McMahon then directed
that he be summarily committed to the county
jail for fifteen days. unless he purged himself
of the contempt by testifying during that time.
At this stage of the proceedings a new diff
Guilty In the refusal of Warden Sullivan
OF the Ludlow Street Jail 20 accept Mr. Lew
isohn, maintaining. advice of counsel that
only civil prisoners could be admitted 10 that
prison. a contention recently raised i'm the case
of Lewis S. Chandler. In the mean time Lew
isohn, with his counsel and two detectives had
gone before Justice Dugro, in the Supreme
Court, 90 ask for writ of certiorari the sec
ond commitment which did not admit of habeas
corpus proceedings After some delay they all
returned to General Sessions to await the az
rival of a deputy sherlf and straighten out the
tangle. Here the commitment was changed to
make it possible for his confinement in COM
mon jail' and settle the dispute with the Sher-
ar who was obviously endeavOring to avoid a
damage suit incident 20 false imprisonment
After a long walt in which no representative of
the Sheriff appeared, Mr.. Jerome rose and ex-
planned that he had been assured that "a full
deputy sheriff" laying particular stress on the
word full" would be sent, but in view of the
fact that he had not arrived ne would consent
10 POSTPONE the case until to-day This had been
agreed upon when full" deputy arrived and
Lewisohn was placed I'm his custody. Assistant
District Attorney Sanford ard the others then
returned 10 the Supreme Court
Mr. Iewisohn's counsel asked Justice Dugro
S,ontInued On second