The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-11
curious About CAPTAIN jim,
vvrI WANTS TO SEE WHAT
ar TOLD THE GRAND JURY.
,,,. for Defense Exchange Compile
N" men,. win District Attorney Jereme
,aIcc Dayy Does Not Comm only AL
&, ,,s,ection OF Grand Jury Minutes.


men,s with District Attorney Jeren
.,,sIcc Dayy Does Not Comm only Al
,,n Inspection OF Grand Jury minutes
1 49,, :. h,s become known that 1t wa
~, lanes 7. Morse, nephew OF ohar'e
,r Morsc who hired Howe q hummer u
.,,iaa,e the Dodge divorce, 1t Is pretty
me-, ..i,aIy .tated that Charles w. Morse an'
Morse will be witnesses at Uni
~ ,r,al. They are now IN france
~ niue! rntermyer, who sahs To-Day
sp' ruron.. will probably see them there
io' H s.,d Yesterday that Mrs. Catherine
n.,shenen. snce her return from EUROPE
w. Nod a talk with District Attorney 'eroi'i'
one Of his representatives
~. u Dos Passos for Benjamin stem
~, and John D. Lindsay. for Hummer
n' as long arguments before Justice Dav9
n'. ~. supreme Court Criminal Branch
~ .,.,dav for cave to inspect the minutes
,ha Grand Jury on the superseding In
Oh .ne Tor conspiracy filed againsj
tIum,neI and Steinhardt on june ~ VI
hun q steinhardt. Mr.. Dos Passos eaio
p w.. s,oi,ho,dt had never seen Capt. jim
."a, ,,d wanted to find out what Capt
~, ~ ,estiaed to. No point was made
"" w." Mr. Humme that he had never seen
w., Morse. although the fact that Capt
49, 49, hoa bcen A witness before the Grand
lprv was used as an argument why nuiiiiiie'
should see the testimony
r, vos recalled Yesterday that In the early
.ases Of the Dodge.Morse marriage and
nc Investigation Steinhardt, IN an
'n,ory,ow stated that the bills would be
,,;d by Morse. 1t was presumed at the
300 that Charles ". Morse was meant, "a
"a had heard OF Capt. jim in the case
IN onenine his argument Mr.. Lindsay
g., Nh ectet that the court, which had con-
,;,ued in session from the June term, was
nn,,eoalyin session. That objection having
h..o oyerruled by Justice Davy, Mr.
Lindsay commended that motions could be
n,de only at Special Term. Justice Davy
ovaruled him again.
Then Mr.. Lindsay went into q history OF
m. proceedings against Hummel.
.This defendant. said Mr.. Lindsay, does
m, know what has been testified to before
ANY Grand Jury. He has not had chance
10 examine the witnesses to pass on their
c,adbiitv. Before the first Grand Jury
ina, indicted him there were eighteen
witnesses, but there were only eight before
the last Grand Jury. The defendant as
. matter of fairness should have an oppor-
tunj,y Of finding out whether his oonstitu-
tona rights have been violated. He hasn't
had that chance. and you'll remember that
on the last indictment there was q serious
faint. Judge Foster in . recent charge to
the Grand jury instructed them on the need
OF caution in finding indictments. Let me
mad YOU one Of his decisions.
Mr.. Lindsay hunted for Judge Fosters
dscision in Diminishing the indictment
AGAINST Mrs j Morgan Smith for conspiracy.
but II wasn't handy.
sOh, make 1t up, John; ! won't question
it,'susgestsd Mr.. Jerome with a smile.
I'm not as good at making up things as
the District Attornsy,' replied Lindsay.
II was only the Judges opinion, said
Mr. Jerome.
we are generally controlled by the opin-
Ion Of the Judge, said Mr.. Lindsay.
.B,t it's not anal, said Mr.. jerome.
There was an entirely new line of wit
neesee before this Grand Jury continued
M, Lindsay. There was one James T.
Nome, who We are informed by the news
paperr. ia a relative Of one OF the persons
against whom the investigation was origi-
nay directed There Is an entirely new
theory and new aspect to the case. We
appeal to your Honor that We cannot have
trial unless We know what went on before
The Grand Jury.
To this Mr., Jerome retorted: Every
H. ksr II to M Il ~
TO plead guilty says he Ia innocent. They say
Here, this isn't square deal. We cannot
prepare for trial They say they don't
know the evidence the District Attorney
has got The superseding indictment was
found so that this defendant could have q
speedy trial and be indicated. But does
he come here eager and clamoring fora
speedy trial? He seems to think that
there IL conspiracy to make him Grim
lnsl. He wants to know the evidence the
District Attorney has got 90 that he can
hustle around and prepare to fight it.
Mr, Dos Passes said that where it used
Investigations in the Grand Jury room it
Wa now the rule and ought not to be.
That's not true, said Mr.. jerome. THE
percentage is less
'Ill apologize said Mr.. Dos Passos,
meekly. I'm glad to hear It,
One prominent man has been held up
On the fork of expectancy for q year." Mr..
dos Passes resumed, land every one ex-
peced that he would be indicted, but 10
aod behold the District Attorney has a
nss theory. The old witnesses disappear.
he man who was toasted on the fork Of
public criticism guilty OF gross ingretitude
OF crine-is out of 1t, We learn from the
newspapers, and the District Attorney has
changed his mind. Great men change
.heir mirds-and only great men have a
,ight to change their nlinds-eo / suppose
MI Jerome has that right.
4, Mr.. Steinhardt never saw James T.
morse, He doesn't know that his IL, ti-
nony valid against any one, and it ia
tuiey not valid against him, because he
knows nothing about it."
sWtoe Davy said that it had always been
G ~ rue not to allow the minutes OF the
N Jury TO be inspected unless he felt
.nat the evidence was insufficient. He
YOU'D read over the testimony, he said,
uha give his decision on Thursday. Then
n munlnel and SteinhRrdt will be called
upon to plead