The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-03
HUMMEL FIGHTS FOR DELAY.
GETS A WRIT or PROHIBITION
FROM APPELLATE COURT.
Argument on Order Preventing Justice
Davy From Trying the Case 10 De Heard
Tuesday-Indlcted Lawyer Refuses 10
Plead-Asks for Commission.

o
Abraham Hummel who is under indict-
fnents for conspiracy and subornatlon OF
perjury growing out OF the Dodge-Morse
marriage and divorce tange. obtained late
yesterday afternoon from the Appellate
Division OF the Supreme Court writ pro-
hibiting Justice Davy from holding any
further proceedings in Hummels case.
Mr.. Hummes action is an unusual pro-
ceeding. He alleges that Mr.. Jerome Ii at
tempting unjustly to "aggrieve and Cypress
him" and furthermore that he was COM
PEELED against his constitutional right to
testify before the Grand Jury and that
Justice Davy has no jurisdiction. The
argument on the writ will be heard next
Tuesday
Earlier in the day Mr.. Hummel showed
very plainly that he is in no hurry for a
trial District Attorney Jerome wants
Hummel tried week from next Monday.
Mr. Humme thinks he ought to have
commission appointed to take the testi-
mony Of Mrs. Dodge Morse, who is said to
be in France.
When Mr.. Hummel was arraigned before
Justice Davy in the Supreme Court. Criminal
Branch, yesterday morning to plead to the
indictments, his counsel Delaney Nicoll
uuTucu tHls paper 10 oustiCe DdNy
Upon our advice Mr.. Hummel has to
say that ne respectfully refuses to answer
these indictments by demurrer or plea.
We feel, with the utmost Difference to your
- Honor's views to the contrary. that they
should have been quashed and set aside
on the grounds urged in the recent motion
Mr. Nicoll then set forth that the Court
or Grand Jury had no jurisdiction, that
H,inmel had been compelled to be a witness
against himself in violation of. his con-
stitutional privilege and that the Court
had no power or authority to proceed with
the case. Mr.. Nicoll added
we now move on those grounds that
this Court abstain from any further pro-
ceedings upon these indictments, that
Mr.. Hummel be not required to plead to
them and that he be wholly discharged.
Well, what have you got to say?" asked
Justice Davy after reading the statement
I'VE stand mute" replied Mr.. Nicoll
Then" said Assistant District Attorney
Rand u move that the trial be set for June
Ia
Mr.. Niooll looked surprised. Hummel
looked worried. He whispered to Mr..
Eiooll, who then said that it was his inten-
ton to apply for the appointment OF a
CUfniIiisslOn 10 take Jne testimony OF VIII
nesses out of the State.
This is alleged to be conspiracy"
continued Mr.. Nicoll, duplicating certain
persons in tho divorce proceeding in the
case OF Dodge VS.. Dodge. Ex-Justice
Fursman and Mr. Hummel acted as coun-
eel. 1t may be necessary for us to take
the testimony Of other persons in the trans
action outside Of Charles F. Dodge shall I,
deem it my duty TO take the testimony Of
Mrs. Dodge, or Mrs; Morse, whatever her
name may be, and Others
What do you expect to prove by those
witnessesi' inquired Mr.. Rand
That there vas no conspiracy, promptly
sOh. but what are the facts that you
want to prove?" demanded Mr.. Rand.
Mr.. Sicoll again replied that he wanted
20 show that there was no conspiracy.
Mr., Rand informed him that he was stating
a conclusion Maybe they want COM
mission to take testimony in France or
Honolulu said Mr. Rand
Unless commission was appointed,
Mr.. Rand urged the trial should begin
s week fsm Monday Eyen "a com
marked that, saw no reason why the
trial should not begin on July /.
Not at all =, protested Mr.. Nicoll. -Mr:
Rand and will probably have to 60 abro ad
through it is hardly possible that we would
be in a hurry to return to New York.
an that event" said Justice Davy, Il |
could see that the matter would be delayed
at great length. But there must he no
unnecessary delay"
After more argument it was finally de-
cided that MIR. Nicoll would make his mo-
tons for the appointment Of commission |
on next Wednesday. 1t is understood
that the commission will be asked in order
&c. take the testimony Of Edward Bracken,
who is also indicted Bracken Us the private
detective who is said to have handled the
money that wa, given to Dodge in Texas.