New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-18
LEWISOHN TO GRAND JURY
Indicted for Contempt-Leg0I Com
DIicGtiOnS.

The legal knot in the case against Jesse Lew
isohn who was summariy committed to a COM
mon Jail on Monday for refusing to testify in
proceedings against Richard A Garfield for
maintaining a gambling house, was further
complicated yesterday by the Indictment OF
Lewiston by the grand jury for criminal con-
tempt of court. Mr.. Lewisohn's contempt con-
sisted in a refusal to answer questions about his
knowledge of Canield's alleged establishment
at No ) East Forty -fourth-st. For his refusal
on Monday he was arrested and hailed before
Justice Wyatt, then before Judge Mcmahon, ana
summarily committed to jail. On a writ OF
habeas corpus and a stay in the commitment he
was saved the necessity of going to JAIL and
Justice Dugro will tomorrow decide the ques-
ton Of the issue of a writ of certiorari pro-
viding for review OF the proceedings by the
Appellate Division.
Meantime the action yesterday raises a new
set of legal complications. Mr. Lewisohn was
convicted and sentenced for contempt on Mon
day, on Tuesday he again indicted for the
same offence. and his lawyers are thought to
be considering the wisdom of raising the ques-
ton Of the constitutional prohibition against
putting a man In jeopardy twice for the same
offence. Alfred Lauterbach yesterday declined
to comment for his client the action pending
against Mr.. Lewlsohn. but seemed pleased with
the further activity of the District Attorney.
jury yesterday TO answer to the charge of Grim
inal contempt he declined to plead, his counsel
Mr.. Lauterbach, declaring that the court had
no jurisdiction in the matter. Justice Mcmahon
then directed that a plea Of not guilty be en-
tered. reserving to the prisoner the right to
withdraw it within n week II he chose. and Mr.
Lauterbach took an exception TO the ruling
Judge McMahon fixed bail at 81 900 which had
already been provided. Bail furnished by
:. s. Rosenstamm.
The main question hinges on the constitu-
tonality of the Garfield Gambling bill. II Mr.
Lewisohn's counsel tomorrow fails to get a writ
of Certiorari from Justice Dugro. Lewisohn will
have to testify spend fifteen days in JAIL and
il is generally conceded that he will choose the
former course. Then the test of law will have
to come in some other way. otherwise the Court
of Appeals. after the Appellate Division. will he
asked to pass on the constitutionalty OF the
Garfield bill. This Will mean delay of almost
a year, and perhaps longer. in which time Mr.
Jerome's hands will be tied in his operations
against gamblers. so far as employing this bill
in such cases is concerned.
Persistent rumors that Garfield was in the
city were heard yesterday. but. aside from a
doubtful report that he had been seen in Del
monico's on Sunday. nothing definite could be
learned. 1t is also asserted that he had sailed
for Europe, while still third story suggested
that he was still in Providence
Among some lawyers the suggestion is adj
vance6 that by Piling up three different pro-
Ceedings Mr.. Jerome has sensibly weakened his
/ case, and opened the way for plea of pevsecu-
ton. II is maintained by certain legal aUthorl-
/ ties that single case would have opened a
! sufficient way 10 the test Of the new law.
But when he asked to comment this
opinion, Mr. Jerome said, calmly; My clerk
/ reports that the countys business is in most ex-
/ cellent condition
Assistant District Attorney Sanford will con-
test the application for the writ OF certiorarl
| before Justice Dugro, in the Supreme Court.
Part II, at 1870 tomorrow morning.