New-York tribune., 1905-04-18
JEROME DODGES WRIT.
GETS MODIFYING ORDER.
Patterson Trial PostpOned-Mys-
terry About Smith Letters.

There was more mystery last night concern
lng the letters taken from Morgan Smith. for
which Smiths counsel Herbert r. Iimburper
had obtained an order from Justice Gaynor
Earlier IN the day bundle had been delivered
70 Nj. Limburger from the District Attorneys
Office, which. he thought. contained the letters
he wanted. Last night Assistant District At
toruey Sandford. after he had obtained from
Justice Gaynor an order modifying the original
order for the return OF the letters so that 1t was
no longer mandatory on Mr.. Jerome 10 give them
10 the lawyer, said that so far as he knew. the
letters had not been turned over to Mr.. Lin
burger
II they had" he asked, pertinentiy. it would
seem. why was 7 sent 10 procure the modifying
order" Then the question was asked Had
Nr. Jerome, after sidestepping the serving OF
the original order all day, and at last seeming
to rnest Mr. Lmburger's wishes. finally tricked
him?
Mr.. Limburger last night. when asked about
the letters. said I don't care what happened
Surprise was expressed at the Criminal Courts
Building over the action OF District Attorney
Jerome and his hrstassistant. Mr.. Rand in hav-
Ing the trial Of Miss Nan" Patterson put over
q day while they were apparently lodging
vice of the order 10 surrender the letters The
conduct OF the officials was made even more pc
Patterson in open oour; that the letters were
wholly worthless as evidence, and could not pos
sibly 6e used against Miss Patterson.
Herbert r Limburger. counsel for the Smiths,
waited al The morning about Mr.. Jerome's Of
hce ANXIOUS 10 serve Justice Gaynor's order.
but neither AIr.,Jerome nor Mr.. Rand appeared
there Mr.. Limburser expressed astonishment.
irasrnuch as he had given notice through the
newspapers that he had obtained the order.
The spectacle Of a public officer evading ser
vice of a court order is 10 be regretted" he
said u didn't think Mr.. Jerome would do it.
goc This order on Saturday afternoon at 3
o'alock and could have kept It in my pocket
until This morning and then served it as they
were going into court. but I thought il only
far 10 give notice that had il"
Nr. Limburger was obliged 10 go before Judge
Foster and renew q motion for permission TO in
spect the minutes OF the grand jury in the case
OF ths Smiths. who are indicted for conspiracy.
and he was opposed there by Assistant District
Attorney Perkins. who got a postponement Of
The argument until to-day, in the absence OF
M Rand
Then Mr.. Limburger went 10 his Office and
wrote letter 10 Mr. Jerome. asking when ser
vice Of the order would be possible. saying that
the order must be served before p. IT. 10 be
operative. and renewing his offer 10 give up for
use In court any Of the letters which were
deemed 10 be evidence in the trial Of Miss Pat
,erson.
Meanwhile Assistant District Attorney Cans
had appeared in Recorder Cor part of General
Sessions, where everything was in readiness for
the trial of Miss Patterson 70 proceed. and had
asked for smother days delay. saying Mr.. Rand
was kept away by an order 10 give up documents
IN the case. Abraham Levy, counsel for Miss
Patterson. fought against the delay. saying that
HaT lrar4f ia he
and The action Of the District Attorney in her
case seemed like Juggling with justice and bor-
dering on contempt Of court. He said the let
tsrs taken from the Smiths could not be used
as evidence In the trial. as they were the private
correspondence OF witnesses the District Attor-
ney had announced he would not call in the case.
and al the letters were written and received
since the death Of Cesar Young. without the
knowledge Of Miss Patterson kwhile she in
prison
Are YOU advised that the papers mentioned in
Justice Csvnors restraining order are of interest
n this proceeding?" asked Recorder Gon.
Although have never seen the papers, I am
80 advised" replied Mr.. Cans.
The Recorder then granted the delay OF a day
in the triaI saying il would proceed this morn
ing Mr. Jerome and Mr.. Rand returned to
their Offices in the afternoon and telephoned 10
Nr Llmhurger. who sent a clerk 10 serve the
order n Justice Gaynor. A bundle was de-
hvered 70 the clerk. and Mr.. Liuaburger open
ing il in his Office, found, in addition 10 many
letters. some Insurance papers, a few hairpins
and Mrs Smiths curling irons. Mr.. Limburger
showed The contents Of the package TO reporters,
10 make IT clear. he said. how outrageous the
proceedings We're that resulted in the seizure
OF these things"
II became known late in the afternoon that
Nr jerome had sent one OF his assistants Mr..
SANFORD, 70 Justice Gaynor in Brooklyn 10 ask
for new order IN the case.
NJ. Sanford told Justice Gaynor that Mr..
Jerome wanted tine In which TO consider and
argue me molten. Justice Gaynor relieved the
octendants from the mandatory portions Of the
order until fnal hearing. The order is return
ao-e tomorrow in Flushing. Justice Gaynor
tod Mr. Sanford he might have TO send the
hearing 10 another justice. or put it of for
week
GAYNOR ATTACKS JURY METHODS.