The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-06
PLEAF@ ARMlTAGE MATHEWS
RUMoRFHAT FERGUSON MAY DE
CALLD BY THE PROSECUTION.
One of 10 Indicted Trio OF Lawyers Who
IsnJ Making Any Naturalization
Res rived on Motion to Dismiss Indict-
mets-One Wooteu Trial on Monday.

Res rived on Motion to Dismiss Indict-
mots-One Wooteu Trial on Monday.
Armhge Mathews and John w. Wooten
no, snething Of a surprise yesterday
nornix after their lawyers had argued
At ZENITH before Justice Davy in the ST.
preme Court. Criminal Branch, for the dis
rnissa OF the indictments against them
for chspiracy In connection with the loot
ing d the Weisell estate OF which David
RothchDd, wrecker OF the Federal Bank,
was temporary administrator. After the
lawrs3 had offered several reasons why the
indictments should be dismissed the clerk
called the case Of Samuel l. Ferguson.
anothr lawyer, who is indicted with
Matthews, Wooten and Rothschild. Benjamin
A. Ress. Fergusons lawyer. stepped up
and mde this brief statement:
-Wenave no motion to make All we ask
Is thatthe pleading Of my client be put on
until tbs motion is decided.
Il ttnk that's reasonable Mr.. Rand
answeed.
In ne camp Of Mathews and wooten
there vas a stir. While the Rothschild
cases we're before three Grand Juries. Mr.
Reasswas pretty busy around the District
Attorneys Office and often found 1t con-
veniet to see Assistant District Attorney
Kresd. The lawyers who appeared for
Mess. Wooten and Mathews seemed to
feel that Ferguson might be a witness
against their clients.
Il that so?" said Mr.. jerome when the
details of the episode were told to him.
He eemed to be surprised Mr.. Rand was
quetioned.
We would be glad to have Mr.. Ferguson
he aid. we would treat him WE'LL That
1. al I have to say"
E.E. Baldwin and George Gordon Battle
represented Wooten. Mr. Baldwin made
the irgument He said that Wooten and
the ,thers were practically indicted ON the
wori Of q convict. Rothschild. Also, il
Rotschild was administrator he had sole
conxol over the property OF the estate
andtherefore the other defendants coudnot
ha e aided and abetted him in stealing the
property.
ference J. McManus, who appeared for
Mithews, said that he was "a man OF probity
and good reputation, and wholly innocent
The investigation had been before three
Grand Juries and Mr.. Mathews had asked
T. appear before the April body. His re-
Guest was granted and he was not indicted.
He wasn't allowed to 60 before the May
Grand Jury, which indicted him on per
furious testimony
when District Attorney goes to Sing
Sing to induce a convict to testify against
a man of good standing, a reputable lawyer
in the community, then l think it ia time
for the Court to look carefully into the
proceedings, said Mr.. McManus.
Assistant District Attorney Rand re-
piled that certain phases Of the cases had
heen before three Grand Juries for general
investigations When the District Attorney
began his inve stigat lion, he looked for
evidence that would corroborate what
looked like evidence Of grave scandal
and breach OF trust Rothschild was
one of the asst witnesses and he was simply
called to furnish the key if he could, to
great mas, Of testimony.
The Grand Jury was told that Rothschild
was convict and that other indictments
were haIging over his head" Mr.. Rand
said They were told not to believe a
word b said unless he was fully corrobo-
rated. There was great mass OF testi-
mony, docume ntary and personal. The
argument advanced here seems to be We
don't know what the District Attorney
has got agar us and we'd like to know
Justice Davy said he would read over the
testimony taken before the Grand Jury,
and he gave the lawyers until Monday to
submit briefs.
Then Mr.. Rand moved that the trial Of
Wooten on the charge Of the larceny Of
81 900 check he put on the calendar for next
Monday. Mr.. Baldwin protested that he
had to attend wedding and that he couldn't
possibly be in court. Mr.. Rand insisted.
We don't know but there may be an
other writ Of prohibition from the APP
pellate Division said Mr.. Rand. referring
10 the Hummel case. we would like
very much to try at least one lawyer this
month";
Are you going to he married?' Justice
Davy asked Mr.. Baldwin. Mr.. Baldwin
said il was hls brother-in-law.
Then l guess they can get along with
out you, said Justice Davy. He fixed next
Monday as the date for the trial; This
charge also grows out Of Rothschild's adj
ministration of the Weisell estate. II is
alleged that Rothschild gave to Wooten a
check for 81. 900 for the Bankers Surety,
Company of Cleveland which bonded
Rothschild and that the company never
got the check.