New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-16
JEROME TO ACT AT ONCE
LEWISOHN WON'T APPEAL.
Court of Appeals Upholds Lac to
Make Gamblers Testify.

In its decision confirming the constitutionality
Of the Bowling bill the measure which District
Attorney Jerome drew up to enable him 10 get
testimony against Richard Garfield and other
gamblers. the Court OF Appeals yesterday set
aside an important barrier to the prosecution
Of gambling cases. Jesse Lewlssohn, who ap-
pea,ed his case from General Sessions in this
city. can now be compelled 10 give his testi-
rnory against Richard Garfield. any
others of the prominent men whom District At
torney Jerome has his list of desired wit
nesses. A case against Garfield will in all prob
ability be presented to the present grand jury,
which will have many witnesses whom the Dis
trict Attorney has been una bic to compel 10
testify until the present case, on appeal, was
settled.
Jesse Lewisohn viii in all probability come
forward with his testimony now in this way
saving himself from the fifteen days imprison-
ment imposed for contempt of court. Reginald
c. Vanderbilt. the much desired of the sub
poena servers. viii be virtual exile from this
city forever unless his lawyers choose TO bring
him forward TO give his testimony before the
grand jury Numerous other men of prominence
in the financial and social world will probably
he served with the District Attorneys sub
poenas. and their testimony taken in the case
against the proprietor of the fashionable gamb-
ling house in Forty fourth-st.
District Attorney Jerome much pleased
that the Bowling bill had been upheld, although
he could not see why it shouldn't be- lie viii
not say what MS next move will be until he
has read the full text Of the decision. a crusade
against gamblers on larger scale than any of
his previous efforts is predicted by his friends
who have noted his frequent conferences with
his assistants. Mr.. Rand, Mr.. Cans and Mr.. San
ford.
HISTORY OF THE CASE
Jesse Lewisohn. the big copper man. was sub
poenaed in against Richard Garfield. He
was asked If he had ever gambled in Canfeld's
house. and refused TO answer. on the ground that
It might incrinnate him. After considera BILE
difficulty and argument he was adjudged in con-
tempt Of court, after the judge had ordered him
TO answer the question The case was appealed.
In the mean time District Attorney jerome drew
UP the Bowling bill. which provided that wit
neEs should be immune if he testified concerning
things likely TO incrinlinate himself The bill
was passed IN both houses, and the District
Attorney felt that he had struck a strong blow
against the gambling houses
Jesse Lewisohn. through bis counsel Alfred
Jauterbach. contended that the law
unconstitutional, because II contrary 10
that portion Of the constitution which provides
that no person shall be compelled to be a wit
ness against himself in criminal case. and was
usurpation by the legislature OF the paTdoning
power of the executive. The Court of Appeals
inclined rather 10 the District Attorneys argu-
Inenf that the safety Of the witness fully
secured by the provision forbidding his prose
cution because Of any affair Of which he might
testify.
Mr.. Jerome was much pleased yesterday at the
decision of the Court Of Appeals Il never for
moment felt that il would do otherwise, said he.
The law in question making a witness immune
from prosecution based carefully a deci-
sion by the Supreme Court of the United States.
Nothing else than Jo-day's decision could be eN
peCted. There remains nothing do enter
The order Of affirmation The decision. naturally.
pleases me-
did not care to discuss his next move. II
not probable. he said. that he would take any
appeal. as he thought the situation did not
rant il.
The idea that Mr.. Lewiston Will be sent to
prison is unfounded.' said he. True he was
adJudged guilty of contempt of court, and SEN
fenced 10 fifteen days but the District Attorney,
and / agreed to make this a test case. l agreed
10 withdraw certain stipulations and he agreed
that my client should be called on to under
go Imprisonment
The former efforts TO convict Garfield awak-
ened interest on the list of witnesses for sub
poena were Mr.. Lewisohn. Reginald c. Wander
bilt. who for DAYS had subpoena servers carnped
his trail; Mortimer L. Schiff son of Jacob
II. Scfiff the we'll known banker who ii was
declared al the time, ordered by his father
TO tell the District Attorney whatever he knew
concerning Canfield: James NJ. Waterbury. ir :
EberhaTd Faber John a. Drake, John w. Gates
Joseph Israels Sarsfield Javelle W. A H. stat
ford and other men equally well known. All
these viii he subpPnaed in the case which the
District Attorney will again present to the
grand jury il is thought. County Detective
Jacobs. who swore that he got into Canfeld's
and gsmbled there. viii also be a star witness.