The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-18
JEROME KEEPS THE LETTERS
AND NAN PATTERSON TRIAL WILL
GO on TO-DAY.

Justice GaynOr Has Modified Ills order
80 That the District Attorney May
show Cause why tie should Not de-
liver Up Papers OF Morgan Smiths
The trial OF Nan Patterson was put over
yesterday to to-day, and meantime Dis
trict Attorney jerome has secured from
Justice Gaynor such a mobilization Of
the order commanding him 20 surrender
the letters taken from the Morgan Smiths
at Cincinnati that ne does not have to
give them up at once and expects 70 be
able to retain the custody Of such as may
be Of value on the Patterson trial.
H. X. Limburger, who as counsel for
the Smiths got the original peremptory
order from Justice Gaynor was on the
lookout yesterday morning. with a sta1
Of clerks for Mr.. Jerome.
Neither Mr.. Jerome, Mr.. Rand nor Mr.
Garyan bad appeared at 1890 IDstend Of
them Assistant District Attorney Cans
appeared In the General Sessions court and
said TO the Recorder that there were impor-
tant reasons why Mr.. Rand was absent and
also why an adjournment Of a day should
be granted. Abe Levy Of counsel for Nan
Patterson jumped up with strenuous pro-
test
This is an attempt he said, to 'juggle
with justice Why should these citizens
1.-THE 200 special tnlesmenl be brought here
day after day at the within Of the District
Attorney
Recorder Goif said that Mr.. Gans's ex-
PLANTATION was vague. Mr.. Cans then said
that mandatory injunction had been
issued to the District Attorney to turn
over certain documents In the case and
that Mr. Jerome wanted to look into bis
legal standing 80 as to protect the States
interests.
Mr.. Levy said this was an astonishing
admission, that the District Attorney and
his assistant were trying 70 evade service
Of a court order.
Mr.. Cans denied that anything Of the kind
ives being done and said that the papers
In dispute were OF value as evidence IN
the Patterson case.
Then the Recorder adjourned the trial
until this morning. Mr. Levy asked the
Recorder to set il peremptorily for to-day,
but the Recorder said he would think 1t
over.
that disposed Of. Mr.. Limburger hustled
over 20 Judge Fosters court, where he had
a motion pending for leave TO inspect the
Grand Jury minutes in the conspiracy
cases against the Smiths. Against his pro-
test ana on Aue hpplNullpAA VI Eaffnl5NahN
District Attorney Perkins for a days de-
lay, Judge Foster put the argument over
until to-day.
Then Mr.. IAmburger began another
hunt for Messrs. Jerome and Rand. After
waiting until nearly ! o'clock he departed,
leaving this note for Mr.. Jerome:
Il should ordinarily have assumed that
this absence was n mere coincidence, were
IL nit for the fact that Assistant District
Attorney Cans stated before Recorder
Coz in open court that you were aware
Of the granting Of the order, Of it's peremp-
tory nature, % the fact that IL required
the surrender 10 me forthwith of certain
documents and that you do not desire
such order to become effective until you
and Mr.. Rand have had an opportunity
OF examining into the legality Of the same
| In the case Of any other than yourself,
should be tempted TO consider this as an
attempt 20 evade service Of the order Of
| the court Realizing, however, that such
! conduct would be Incompatible with the
! die itv Of the high Office you hold, ! believe
| TIA, here must be some other explanation
| Of YOUR phesnce."
When Mr. Rand finally appeared At the
| District Attorneys ofios, a few minutes
before Mr.. jerome, he seemed surprised