New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-03-01
JEROME WASLIKE A CAR.
So Dos PassoS Says IN Dodge-Morse
Case-May Be M0re Indictments.

District Attorney Jerome, in arguing yesterday
why the three lawyers indicted for conspiracy and
Eubornatlon OF perjury in the Dodge-Morse
divorce tangle should not be allowed 20 inspect
the minutes of the grand jury which found the in
dictments. asked that their application be denied
on the ground Of public policy since more in
dictment, and possibly two probably would be
found against other The lawyers IN
dicted Abraham H Hummel Benjamin Stein
hardt and ex-yustice Fu=snan.
The argument was before Justice Ke1efck In
the Supreme Court Mr.. Jerome strongly criti-
cised for lis action in the Dodge-Morse case.
Briefs are to be submitted.
Ex-Justice Fu-sman wos represented by ex-Jus-
tfce D. Cady Herr4ck, Mr.. Steinhardt by John r.
Dos Passos and Mr. Humrnei by Delaney NicolL
Counsel declared especially that other District
Attorney had caused many indictments TO be
found without preliminary police court hearings
Their clients were unaoquainted with the charges
against them. the lawyers declared.
Ex-JGstice Herrick said his client was q reputa-
BILE lawyer and did not know the nature of
the charges against him he declared:
We want 10 know what evidence there was be-
alleged conspiracy, and what he cid that any
70 grant the Inspection OF grand jury minutes has
been exercised from time immemorial
Mr. Nicou offered an affidavit by his client. Mr.
Hurrnsl that he had been indicted without
hearing before s magistrate Mr.. MECH then said
that in his thirty years practice he had
heard Of such proceedings as had been taken IN this
case by the District Attorney.
Now. you know. Mr.. Jerome said Mr.. NiooI,
~ granted you inspection OF the minutes IN the
Carlyle Harris case"
Yes admitted Mr.. Jerome ~but it only
partial inspection OF the medical testimony"
Said MIR. Dos Passosi
an sorry TO observe the District Attorney has
departed from the wise rule Of his predecessors in
causing indictments 70 be found before the subjects
thereof have q preliminary examination. Under his
method he turns a crank and indictments are
IN this case the District Attorney, IN the char
scter OF an emperor, rather a car, went before
the grand jury when he found that tnadInissible
evidence had been presented there. and had il
stricken from the records
The District Attorney said IN his
An analysis viii show that the indictments have
not been impeached- In Steinhardt's affidavit he
swears that ne was not informed Of the evidence
against him. and that he did not know he was a
defendant This fact is not true. as set forth by
Mr.. Rands affidavit This affidavit shows that,
on being called as a witness, the foreman said to
Steinhardt that Il his duty to inform him that
anything he said might be used against him, and
after other warnings added that it might tend 70
fncrfninate him Stenhardt, the affidavit shows,
replied, Il understand
E1-Justoe Herrick said In reply to DIr. JeroTnes
public policy argument;
This plea that II would jeopardize public policy
Is absurd You suspend public policy pending an
investigation by the grand jury, as was done in
this case. for nearly year.