The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-16
GAYNOR ENJOINS JEROME
FROM KEEPING THE MORGAN
SMITH LETTERS HE SEIZED.

This Move May Possibly Postpone Nan
PatterSon's Trial Again, Although
Smiths Lawyer says District AttOr-
ney Can Have Access to the Letters
Herbert r. Limburger, counsel for j.
Morgan Smith and his wife, obtained
mandatory injunction from Justice Gaynor
Yesterday directing District Attorney Je-
rome and Assistant District Attorney Rand
to turn over to Limburger at once-that Is
to refrain from refusing 80 TO do-all cloth
ing letters or other property taken from
the Smiths when they we're arrested in
Cincinnati on a charge Of conspiracy in
irving to extort money from Bookmaker
Cesar Young Justice Gaynor's ORDER will
not be served until Monday. 1t commands
Mr.. Jerome and Mr.. Rand to show cause on
Wednesday why the injunction should not
lie made permanent.
MIR. Limburger said last hight that the only
reason lie wanted the Papers was because
they belonged to his clients. At any time
Mr.. Limburger said. the District Attorney
could have the letters if they were necessary
as evidence. or he could take copies Of them.
From what l have learned from the
Smiths Mr.. Limburger SAID, there /,
nothing in the letters that Is Of Importance
Just the anne, We want them because weaTe
entitled 10 them
IL was understood that in the letters seized
from the Smiths were several letters written
by Nan Patterson. Mr.. Lim6urger Was
asked il he knew Of these letters lie
said.
There may be one. No, there isn't
letter there written by Nan Patterson
Il was stated last night that the action
taken by the Smiths, through Mr.. hamburger
II 10 'alWH LNmH N.nH-
son trial would be Adjourned again TO-
morrow The District Attorney once
apparently believes that some Of the letters
are necessary in the Nan Patterson tlal'
No one IN the District Attorneys Office
would make any comment on this phase oil
the case last night.
J. Morgan Smith appears as the plfintlh'
his wife having assigned 10 him her rights
With the application Mr.. Lrnburger pre-
sentcd to Justice Gaynor there Is a long
affidavit from smith which tells Of the
seizure Of the trunkfu Of letters by Assist
ant District Attorney Caravan and says
thew were taken without warrant OF law.
and that Mr.. Limburgcr has made repeated
demands for them Smith says he believes
that Mr.. Rand il retaining the letters 70
use az evidence against him and his VIE
en- the conspiracy charge and also as
evidence upon the trial Of an Indictment
charging Nan Patterson with murder IN
the first degree.
The Ia king Of the letters and his property,
he declares amounts to larceny. lie also
saws that tho District Attorney may nave
access to the property at any time II ne
wants it.
In reference to the letters Mr.. Iimburger
said last night:
These letters may mean tho preservation
Of the liberty Of the Smiths and Nan rat.
terson. Mr. Rand has sent me a number Il
them. but he has Q aimed others
Mr. Limburger added that on Monday
he would make a motion for leave 10 inspect
tho minutes Of the Grand jury,
Henry ". Jnger Of counsel for Nan Pat
terson said Yesterday that IL hadn't been
decided whether the Smiths would be
called a. witnesses for Miss Patterson.
He would not say that there would be any
defer q at all