The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-11
c5aId@s ASS.szPTAlN jim.
u,.vurL WANTS TO SEE WHAT
ne TOLD THE GRAND JURY.
,.,,crs for Defense Exchange Comph.
mcn,s win DIstr ct Attorney Jerohe
Justice Da,y Does Not Co'h'non's AZ
,.,, I,,pcc,ion OF Grand jury Minutes

.Iu.llcr DaNy Does Not Conhnoh'' ~
,,.ncc,ion OF Grand jury Minutes.
ci,ce il has become known lha' ""'
can, lanes 7. Morse, nephe" OF '""' yes
" Morse. who hired Howe hummer W
;.r.s,ipate the Dodge divorce, II Is P''''y
I,sr,,elv stated that Charles '" Morse ai'u
wrs Dodge-Morse will be witnesses AZ '"e
IJ,,mel trial. They are now IN france
a.d samuel untermyer, who sails 'o-oas
a''' rnrone will probably see them there
:, ras said Yesterday that Mrs 'atner''e
l,,.ton.n since her return from Europe
Vs. had a talk with District Attorney jerome
or one of his representatives ,.,
1ohr r. Dos Passos, for Benjamin stem
~, and John u. Lindsay, for Hummei'
ado long arguments before Justice DaHY
H. the supreme Court, Criminal brahch'
~ for leave to inspect the minutes
,,e Grand Jury on the supersedlnH ~
l;,,,,erts for conspiracy MED against
,,,.,,o, and Steinhardt on June n. On
i.haIs If s,einhardt. Mr.. Dos Passos said
, s,e;nhorc,t had never seen Capt jim
-, and wanted to find out what capt.
,i,,' had testified to. No point was made
D S W. Hummel that he had never seen
ro,,, Morse. although the fact that Capt.
Nlrsa had been witness before the Grano
.Iurv was used as an argument why iiu''n''e'
sbould see the testimony.
I, was recalled Yesterday that IN the early
e,,e,es Of the Dodge-Morse marriage anu
l,,orce Investigation Stenhardt' IN an
,,,ary,ew. stated that the bills would De
,d h, Morse" II was presumed at the
,,,ne that Charles w Morse was meant, as
ana had heard of Capt. Jim in the case
at tina time
7, onening his argument MIR. Lindsay
ca, objected that the court, which had con-
.;nnod in session from the June term, was
~, lsgallvin session. That objection having
hee, overruled by Justice Davy, Mr.
LINDSAY contended that motions could De
made only at Special Term. Justice DaTy
overruled him again.
Then Mr. Lindsay went into history OF
the proceedings against Hummel'
This defendant" said Mr.. Lindsay. does
M, know what has been testified to before
INV Grand Jury He has not had chance
70 examine the witnesses to pass on their
cr.dibility. Before the first Grand Jury
tina, indicted him there were eighteen
witnesses. but there were only eight before
The last Grand Jury. The defendant as
n matter of fairness should have an oppor-
tunitv of finding out whether his constitu-
,;oral rights have been violated. He hasn't
rad that chance and youth remember that
on the last indictment there was serious
faint Judge Foster in a recent charge to
the Grand Jury instructed them on the need
nj caution in finding indictments Let me
read you one of his decisions
BOD y
decision in dismissing the indictment
against Mrs j Morgan Smith for conspiracy.
but it wasn't handy.
oh make it up, John; won't question
It, suggested Mr.. jerome with smile.
I'm not as good at making up things as
the District Attorney replied Lindsay.
1T was only the Judges opinion" said
Mr.. Jerome. ,,
we are generally controlled by the opin-
ION of the Judge" said Mr. Lindsay.
But it's not final, said MIR. Jerome
There was an entirely new line OF wit.
nesses before this Grand jury continues fol &c
Morse who, we are informed by the news
naners is a relative of one of the persons
against whom the investigation was orlgi-
nalIy directed. There is an entirely new
theory and new aspect to the case. we
appeal to your Honor that we cannot nave
p trial unless we know what went on before
the Grand Jury.
To this Mr.. Jerome retorted: Every
man who comes to this bar and Is not ready
TO plead guilty says he Is innocent. Ihey say
Here this isn't square deal. we cannot
prepare for trial They say they don't
know the evidence the District Attorney
found so that this defendant could have
speedy trial and be indicated. But does
he come here eager and clamorlng fora
speedy trial? He seems to think that
there is a conspiracy to make him GRIM
inal He wants to know the evidence the
District Attorney has got so that he can
hustle around and prepare to fight 1t.
Mr. Dos Passos said that where 1t used
to be the exception to originate criminal
designations in the Grand Jury room 1t
was now the rule and ought not to be: Emu
That not true said MIR. Jerome The
percentage il less.
III apologize" said Mr.. Dos Passos,
meekly. I'm glad to hear it.
One prominent man has been held up
on the fork of expectancy for year, Mr..
Dos Passos resumed. land every one eX-
pected that he would be indicted. but 10
new theory. The old witnesses disappear
The man who was toasted on the fork OF
public criticism-guity Of gross ingratitude
or crimeis out of it, we learn from the
newspapers and the District Attorney has
changed his mind. Great men change
their minds-and only great men have a
right to change their minds-so l suppose
Mr.. Jerome has that right.
Mr. Steinhardt never saw James l.
Morse. He doesn't know that his is'ti-
noly is valid against any one, and IT Is
surely not valid against him, because he
Knows nothing about 1t.
Justice Davy said that it had always been
hiS rule not to allow the minutes OF the
Grand Jury to he inspected unless he felt
that the evidence was insufficient. He