The Providence news. (Providence [R.I.]) 1891-1906, 1905-05-26

AGAINST
HUMMEL

New York, May 26.-After hearing an
argument that lasted most OF the day
Justice Davy, in the supreme court. Grim
inal branch. irSimated very strongly last
evening that II Is not his Intention 10 dis-
miss the indictment-two for subornaton
OF periury and one OF conspiracy against
Abraham II. Hummel growing out OF the
Investigation OF the Dodge-Morse mar
riage and divorce tangle.
De IAncey Nicoll has until Monday 10
submit additional papers and II Is prooa-
bic that Justice Davy will announce his
decision on Wednesday.
Ifit is adverse 10 Mr.. Hummel II is eX-
peoted that a demurrer to the indictments
viii be fled and that an application viii
be made for a commission TO take testt-
nnony. so that II is not likely that the
trial will begin on the date specified. June
g.
Mr.. Nicoll argued that N the grand jury
was conducting a general inquisitorial IN
vestigation In the Dodge-Morse tangle' IL
was exceeding It's powers, and. further
that II II was the purpose 10 indict Hum
mel and make him defendant his con-
etitutionai rights had been violated and
the indictment was invalid.
To this District Attorney Jerome replied
that this man Hummel. lawyer OF p
years standing, knew his right very well,
and having been witness before the
grand fury a year before and having been
notified OF charges pending against him
before the bar association. was perfectly
aware whom the investigation concerned
when he was called 10 testify in the case
OF Charles f. Dodge and others
They say the district attorney wanted
20 indict him. I am perfectly frank 10
Y - tlot kxn ,,,.tef 81 lrIv.,
] believe have overwhelming evidence 10
prove it,
SCANDAL TO THE LAW.
Mr.. Jerome's charges to the Bar Arso-
citation and the questions asked OF Mr..
Hummel before the grand Jury were
made public In the course OF the proceed
ings.
The charges accuse Hummel OF fraud.
deceit and gross professional misconduct"
IN that he acted as an attorney for Dodge
in the action brought by Dodge 10 have
the divorce obtained by his wife vacated
when he HummeD knew that Dodge had
been served with a summons and com.
plaint. had supplied the evidence for the
divorce and had authorized a lawyer 10
appear for him.
Mr.. jerome added: .. .
"such action constituted a gross fraud
l.
. reproach and a scandal to the profession
OF the law"
There were many questions that Mr..
Hummcl declined TO answer before the
grand Jury. either on the ground that an
swering would tend TO incriminate him or
on the ground OF professional privilege.
Before being sworn he filed with the
grand jury statement asking the pur-
pose OF the investigation. Then he de-
clined 10 produce the books OF his firm or
10 state IL the books would show commu-
nication made 10 him by his clients He
declined TO answer whether in the Dodge
divorce action he rendered any service for
anyone else than Charles r Dodge
Hunmel admitted that he paid fees 10
other lawyers TO prevent Dodge being
brought back from Texas, but he refused
10 tell who gave him the money TO pay the
fees. on the ground that II might incrim-
mate him.
by the way. Mr.. Hummel" asked Mr.
Rand, when. as YOU state. Mr. Dodge be-
came your client. did he come and retain
You or did you send for him?"
Mr.. Hummel declined 10 answer saying
II was privileged communication.