The sun., 1905-12-13
HUMMEL TRIAL ON FOR TODAY
UNLESS FEDERAL WRIT SHOULD
DE INVOKED FOR HIN.

Defence Can't Get a Stay, Appellate DlNis-
ion Also Denying It-DOdge. Z. w.
Morse, Capt. jim Morse and Mrs.
Dodge.Morse to Testify for the People.
1t looked last night as If the trial OF Abra-
ham II. Hummel on a charge OF conspiracy
in connection with the Dodge-Mors mar
riage and divorce tangle might begin to-
day before Justice Rogers in the Supreme
Court, Criminal Branch. Late yesterday
afternoon, De Lancey Nicoll, of counsel for
Hummel asked the Appellate Division to
stay the trial pending the appeal from JUS
tice Truax's decision denying a change of
venue Mr. Nicoll's motion was denied.
The only move that can now be made to
block the trial is an order from United
States Court Judge.
The day began with a surprise for the
defence in Justice Rogers's court room,
when Assistant District Attorney Rand
withdrew his motion for a special panel Of
jurors 1t would have taken a week to
draw such panel but with that proceed
ing out Of the way the road was clear to
trial.
When Mr.. Rand made his announcement
John Is. Stanchfeld for Hummel pleaded
for delay. He said he was not going to ask
for stay. All he asked was that the Court
postpone the trial until the Appellate Di-
vision had decided on the appeal from jus
tice Truax's denial of a change of venue.
Mr.. Stanchfeld said that the defendant
had been embarrassed by the fact that
Justice Truax was out Of town
"W e intended yesterday to ask Justice
Truax to stay the whole proceedings pend
ing our appeal" said Mr.. Stanchfield. Il
l. IL 70 t.rrlra
peal before the Appellate Division week
from Friday. In the meantime | will sripu-
late with the District Attorney that we will
interpose no further obstacles to the trial.
"On the question OF delay want TO re-
iterate that the indictment against this de-
fendant is only six months old, not an un-
usual time to eapse in an important tral
like this. Furthermore, theCout OF Appeals
has held that the right to change OF venue
is an absolute one, and 1t Is most important
that we should have time to argue the ap-
peal on the decision denying that right.
District Attorney jerome, who was in
court refused to agree to any stipulatlons.
He said that there had been too much de-
lay in the case already.
Il don't think it would be fair for me to
grant a stay in a case that has been before
Justice Truax," said Justice Rogers, Il
don't see how Il stay would operate in fair
ness to anyone connected with this case.
Mr. Stanch field pleaded that he didn't ask
a
1T amounts to the same thing, Any
delay would be a stay said Justice Rogers.
Mr., NiColl pleaded that he had been notl-
fled by the District Attorney that specla
panel would be drawn. which in the ordi-
nary course would take five or six days.
Our witnesses are out OF town and nobody
has been notified of the possibility OF the
trial starting tomorrow" he said.
Mr. jerome began to reply to Mr.. Nlcoll,
but Justice Rogers said he had made up
his mind not to allow any pOStponement,
Then Mr. Nicoll went before the Appellate
Division and got permission TO argue an
ex parte application for a stay. The Court
said il would hear the argument at i;5O
yesterday afternoon. Mr.. Stanchtteld ar
gued for about twelve minutes and then
the Justices o Brcn. Patterson, MClaugh-
lin, Laughlin and Houghton- retired. In
twenty minutes Presiding Justice O'Bricn
announced the decision. He said that while
the court was not agreed on the reasons for
denying the application, it was unanimously
against it,
For the first time since Hummel began
his efforts to stave of the trial there was
some hope in the District Attorneys Office
late yesterday afternoon that the trial
would 90 on to-day. Assistant District
Attorneys Rand and Garvan were busy
getting ready. number of witnesses
we're examined, including Charles F: Dodge,
who has been fitted with certain celebrated
new false teeth so that the jury can under
stand him Dodge looks much better than
when he was brought back from leNaS
almost year ago. .
Dodge will be one of the principal wit
nesses against Hummel, Other witnesses
will be Charles W. Morse Capt. jim Morse
of Bath. Me. Charles W.'s brother), and
Mrs Dodge-Morse II is expected that the
trial will take three weeks or more.