The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-11
k1oUS ABOUT CAPTAIN JIM.
.uveL WANTS TO SEE WHAT
=, ram THE GRAND JURY.

,cr Dpreuse Exchange Sompii'
u,s with District Attorney Jerome
,,,s,,co nav, Does Not Commonly Al
inv inspection Of Grand Jury Minutes
- has become known that 1t was
'' lanes T. Morse, nephew OF Charles
Morsc who hired Howe * hummer 10
a 1I.a,o tho Dodge divorce, 1t is pretty
s..e stated that Charles W. Morse and
me-, Morse will he witnesses at the
t,iuI They are now In France
samuel untermyer. who sails to-ooy
rnrone will probably see them there
IA. s.id Yesterday that Mrs. Catherine
a.a, since her return from Europe,
I., talk with District Attorney jerome
bre Of his representatives
w, r Dos Passos, for Benjamin stem
~" .nd John d. Lindsay, for Hummel'
E ,org arguments before Justice DaVy
c"rrene Court. Criminal Branch
.iav Tor leave to inspect the minutes
IT, Grand Jury on the superseding IN
.,s for conspiracy filed against
ra and Steinhardt on June ~. On
w. -, steinhardt. Mr.. Dos Passos said
e,ai,hardt had never seen Capt, jim
80 and wanted to find out what Capt
tad testified to. No point was made
W. uummel that he had never seen
Morse although the fact that Capt.
,Isd heen witness before the Grand
w.s ,,sed as an argument why Humma
Md see the testimony
uas recalled Yesterday that In the early
les of the Dodge-Morse marriage and
Rrcs investigation Steinhardt, IN an
Law stated that the bills would be
/ Nv Morse 1t was presumed at the
I that Charles W. Morse was meant, as
t,e had heard OF Capt, jim in the case
hat time.
/ nnenine his argument Mr.. Lindsay
kobected that the court, which had con-
Il in session from the June term, was
l.saIlyin session That objection having
oyerruled by Justice Davy, Mr..
Gay commended that motions could be
4 only at Special Term. Justice Davy
ruled him again.
h.n Mr.. Lindsay went into history OF
proceedings against Hummel.
his defendant, said Mr.. Lindsay, does
know what has been testified to before
lGrend Jury. He has not had chance
lsenine the witnesses to pass on their
kbility. Before the first Grand Jury
indicted him there were eighteen
hesses. but there were only eight before
las, Grand Jury. The defendant as
AFTER Of fairness should have an oppor-
,y Of finding out whether his constitu-
al nights have been violated. He hasn't
ths, chance, and you'll remember that
khe last indictment there was q serious
Judge Foster in a recent charge to
Grapd Jury instructed them on the need
Isutjon in finding indictments. Let me
i YOU one Of his decisions.
II Lindsay hunted for Judge Fosters
zion in Diminishing the Indictment
Inst Mrs j Morgan Smith for conspiracy,
it wasn't handy.
bb, make it up, John; I won't question
kurested MIR. Jerome with smile.
In not as good at making up things as
District Attorney replied Lindsay.
q was only the Judges opinion said
Ee are generally controlled by the opin-
bf the Judge, said Mr.. Lindsay.
But its not final" said Mr.. Jerome.
here was an entirely new line Of wit
Les before this Grand jury" continued
l Lindsay. There was one James 7.
BE, Who We are informed by the news
Bra. is a relative of one OF the persons
Inst whom the investigation was ortgi-
y directed. There is an entirely new
yry and new aspect to the CAGE. We
eal to your Honor that We cannot have
Ial unless We know what went on before
Grand Jury.
! this Mr. Jerome retorted Every
who comes TO this bar and Is not ready
lead guilty says he is innocent. They say
Re. this ian t square deal. We cannot
are for trial. They say they don't
the evidence the District Attorney
Igot The superseding indictment was
ID 50 that this defendant could have a
by trial and be indicated. But does
bone here eager and clamoring fora
by trial? He seems to think that
Is conspiracy to make him a GRIM
He wants to know the evidence the
1ct Attorney has got 30 that he can
around and prepare to fight it,"
Dos Passes said that where it used
r the exception to originate criminal
ftigations in the Grand Jury room it
now the rule and ought not to be.
hats not true, said Mr.. jerome. THE
entage is less
apologize" said Mr.. Dos Passos,
ky. I'm glad to hear it.
(ne prominent man has been held up
Pc fork OF expectancy for a year." Mr..
passos resumed, and every one ex-
that he would be indicted, but 10
behold, the District Attorney has a
theory. The old witnesses disappear.
man who was toasted on the fork Of
coriticlsm guilty of gross ingratitude
rlme~is out of it, we learn from the
fpapers, and the District Attorney has
Rsed his mind, Great men change
ninds--and only great men have a
TO change their minds-so ! suppose
Rerorne has that right.
r. StemhGrdt never saw James T.
he doesn't know that his 10 sti-
valid against any one, and it ia
| not valid against him, because he
nothing about it.
noe Davy said that it had always been
iie not to allow the minutes Of the
"a jury TO be ilspected unless he felt
'ne evidence was insufficient. He
read over the testimony, he said,
give his decision on Thursday. Then
incl and Steinhardt will be called
to plead.