New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-26
LAWYERS PLEA TO QUASH
WITNESS AGAINST SELF.
Court Hears Motion to Dismiss
HunpmeL Indictments.

A,-,s-.. ~, the motion to disniiss the three in
dictnents against Abraham H. Hummer "ei
heard by Justice Davy, in the Criinlnal EiaIiSii
Of the Supreme Court, yesterday and IN DE l-ahcey
NicoIIs answer for the defendant the charges maze
by District Attorney Jerome against MT hulhlhei
10 the committee grievances OF the bar Assn
citation are set forth. They aege fraud deceit anu
gross professional misconduct as attorney LOT
charles F. Dodge in his action 10 set aside the 1e
cree Of divorce obtained by Mrs. Dodge In open
ing the case Mr. NIcon said Mr.. Hummel had oeeh
compelled 20 testify against himself oeIore inc
grand jury act against his CONSTITUTIONS Ilehls.
An inspection Of the minutes OF lie siA44u '0-'
had also been denied him.
THE Yoint is well sustained that no witness can
he called upon testify before the grand jury 70
get 8 foundation for accusation against hlniseI.,
said Mr. NicoIl Absolute immunity for the wit
ness is the only ground on which witness can 10
compelled testify against him
Justice Davy asked Mr.. Nicol to suppose the
case of & murdered man being found, and II So
whether or not the grand jury had right 10 IN
ouire into the case 10 find out who connltleu INC
crime Mr.. Nicoll said such a case was one LoI
Tho notice power Of the State and not the judlcl&
o7re- of the State. of which the grand jury formed
g part.
The claim that the grand jury has no right to
inquire into crime in general way is so absurd
and so novel that ! hardly think it worthy of any
serious consideration" said District Attorney Je-
rome in reply He read from the minutes of the
grand jury, in which it was recorded that Mr..
TIurnrnel was informed of his rights by Assistant
District Attorney Rand. and that Mr. Hummel
offered then TO bring all books and papers required
by him In face OF this record continued Mr.
Jerome -Mr Humuel comes in court and
swears that he not informed of his rights
Mr. Jerome pointed out that the subpoena served
Oh Mr.. Hummel was entitled Charles F. Dodge
and Others" and said: Would this astute crimi-
nal lawyer have any doubt 70 what he was called
10 testify to? have known that Dodge had COM
Initted crime, and 1t to who else was
concerned IN it that called Mr.. Hummel. l suS-
pected that Mr.. HuTnTnel innocent but my
suspicious DO not appear in the minutes of the
grand Jury.
Mr.. Hummel was suspected of being a crook,
and be knew il. He answered some questions, and
others he refused 70 answer the ground that
yet. IN face OF all that, he comes here and dares
state that his constitutional rights invaded
that he was compelled TO testify against himself
Before the defendant legally move to set aside
this indictment he must make ii appear afirna-
lively that the Indictment is based upon a viola
lion OF his constitutional rights
We must assume that when an indictment has
been found there was legal evidence for it," said
Justice Davy. 1T seems to that a man Of the
legal experience OF Mr. HummeI knew his constitu-
tiona1 rights. think there was abundance Of evil
depce for the indictment. If you can prove TO me
MI NiooH, that this mans constitutional rights
were invaded I shall be obliged 10 dismiss the
indictment
L think can satisfy your honor on that point.
concflsfvely," said Mr.. Nicoll.
Submit your Briefs said the Justice
icou IL was decided TO submit the briefs on Mon
day. ga -t