The evening world., 1905-07-17
WILL ASK FOR
IMPRISONMENT,
NOT A fine
So Jerome Declares, If Editor
Brisbane Is Found Guilty
Of Criminal Libel.

The examin ton In the case os Arthur
Brisbane, editor Of the Evening Journal.
accused by Comptroller Grout OF GRIM
innl libel, was resumed to-day before
Justice wyatt, sitting as a committing
Magistrate. Mr.. Brisbane recently
wrote an editorial on his typewriter in
which he likcncl Comptroller GrOut to
a crotcn bug. The editorial was headed.
"Strainlng at 4 Set OF False Teeth and
Swallowing a Theatre"
In the course of the proceedings this
afternoon Mr.. jerome. the Distrist-At-
torney. referred to the editorial as will
fully and maliciously false. He threat
ened that II the defendant Is found
guilty OF making maMciouslv false state
ments imprisonment Will be asked for
instead OF the usual fine.
Mr Grout took the stand at the open
ing OF TIE examination and was exam
ined by Clarence j. Shearn. counsel for
Mr.. brisbane. Mr. Shearn asked num-
Der OF questions abou. the friendly and
business relations existing between Mr.
Grout. Frank Bailey of Brooklyn, and
various real estate corporations OF that
borough. Dis:rict-Attornev Jerome pro-
tested that these questions were not
relevant TO the matter at issue. Never
theless NIr. Shearn held to his guns
Mr. Grout said that in 1905 he sub
scrtbed for ten shares OF the stock of
the Second Construction Company,
which, he was told, had been organized
TO build theatre. He went to Europe
in the summer and upon his return,
l. No. NO CONSERVATION
Company would have to do with mat
ters in which he would be involved as
city official, he returned the shares.
DO You know asked Mr.. Shearn'
that in March, 1903. the Second Con-
struction Company acquired nine pieces
Of property on Livingston street for
SIS. .3OO?"
Mr.. Grout said that he had heard of
the transaction. He denied that his
brother Paul appeared before the Board
of Estimate with a petition to have
Livingston street widened.
Mr.. Shearn wanted to know II the
Comptroller was aware that the Second
Construction Company had put In a
claim for $l0S O06 damages to It's pop
.rty BY the widening OF Livingston
street. although the said widening had
clipped of only thirty feet Before the
witness could answer Justice Wyatt lu-
quircd as to the relevancy of this line
of questioning
Mr.. Shearn replied that he wished TO
show that Comptroller Grout. posing AZ
an honest official and public spirited
citizen. was aware tGa. the Livi.ss On
street widening plan, after Il ng dor
mant for years, suddenly sIsung into
life In the spring OF 1903: that the Sec
ond Construction Company WAS formed
TO buy Livingston street prop rty and
did buy 1T: that the Second Construc-
tion Company employed Paul Grou.,
the Comptrollcr's brother. and SenIto
McCarrcn's partner, Hagger y. to ge;
the street wideEed so that the company
unired: that the company pat IN a claim
frr damages for $4,000 more than IN
property cost. and that Conptrol er
Grout was a stckhOlder in the Seco. d
Construction Company.
II was at this point that the District
Attorney made his talk about imprison-
ment.
Mr.. Grout said that he did not know
when the second Construction Com
pany was Incorporated. He refused to
look at the certificate of Incorporation
saying that he was not an incorporation.
In answer to question aS 10 whether
or not he had sold ten shares of stock
in the I!yin yston Realty Company to
Ezra BMhnel. lie replied that he had
sold Mr.. Bushnell ten shares of stock
in the johnston Building ont near Flat
bush because he needed the money.
He denied that he was n stockholder In
Dreamland or in the Montauk Theatre
Company.
Alter an exhaustlye series of ques-
tions about the MonIauk Theatre deal
Mr.. Sheurn read some passages from
TIE alleged libelous editorial. He asked
Mr.. Grout II II was not true that he
had held up Il bll for az worth of false
teeth for a Jerome witness and swal-
lowed the Montauk Theatre, inasmuch
as he favored uayinU the Montauk peo-
appra sed mt t3g0.OCO Mr.. Grout said that
ha took the word OF ernerts.
I'm rot owned bv nor am I allied
with Senator McCarren, although l
agreed with him in his dlspute with
Mr. Murphy" said Mr. Grout In an
swer to question: Il bellcva In the an
tcnOmv of the botcughs.
Then followed "A lot of questions about
his endorsement BY Tammnny Hall and
on kindred subjects until Mr.. jerome
objected that Mr. Sh.rn was not hold
ing himself to the editorial. Mr. She"n
suddenly asked:
Was there not gas scandal. Mr.
Grout?"
'Thcre was no scanda. simply a dis
pute," replied the witness. THE pro-
prletor of your paper asked for an In
junction and 1t was refused