New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-22
PROBE ACT CALLED OFF
Curtain Falls Suddenly ON Theatre
Trust Investigation.

The star chamber examination of theatrical man
ayers by the District Attorneys office was brought
70 an abrupt end yesterday. at least for the time
being by the issuance of a writ Of prohibition by
Justice Scott, of the Supreme Court.
Edvard I.auterbach as counsel for Klaw &
Frlanger with which firm most of those subpdnaed
to appear before Justice Wyatt of Special SESSION.
were in some way connected, obtained the writ
He presented to Justice Scott voluminous petit
ton signed by Meyer W. Livinston, who was among
those summoned and who charged that the pro-
ceeding was without form warrant of law and
charged David Belasco with the insdgaton or the
examination and his connivance with Justice Wyatt
and the District Attorneys office Belasco, the
petitioner said, was actuated by spite and malice
Justice Scott Immediately issued the writ Alfred
Lauterbach son of Edward Lauteroach' rushed
with it to the chambers of Justice Wyatt, where
Mr. Kresel. Deputy Assistant District Attorney,
was examining witness. Justice Wyatt was on
the bench in the court room.
He was called int his chambers and s served With
ton at once. Argument on the writ will be heard
on December q.
growth of the litigation between David Belasco and
Klaw & Erlanger Belasco 1t Is said, threatened
by Mr.. Kresel. from which Neven counsel for the
day was it is declared. sort Of John Doe proceed
ing. Mr.. Lauterbach said yesterday. ut is an in
Notwithstanding the exclusion OF Mr.. Lauter-
o oaf Of Samuel Tntermyer counsel for David
Belasco, was present during the examination. and
derei to bring with them to court all papers and
books belonging to Klaw & Eranger-
Marc Klaw. Of Klaw & Erlanger, made this
further statement last night in reference to the
proceedings in the District Attorneys office
This attempt to establish a conspiracy by the Dis
trct Attorneys office is amazing when
siders that is quasi-judica1 officer becoming
a partisan against certain taxpayers in proceed
ing openly instigated by a who calls himself
their competitor and who IS squealing under fail
in civil litigation. AS result combination
has formed in which the District Attorneys office
becomes one of the parties and are confronted
with the sad spectacle Of that great office endeav0r
ing to demoraze two big business institutions by
them on three OF four hours notice.
The worst feature of the whole proceeding is that
while neither they nor their principals We're al
lowed any representation by counsel there is adj
mtted to this star chamber proceeding Mr..
WicEmeyer from the law office of Samuel Inter
myer. who is the counsel for David Belasoo and
Belasco admits that he instigated these proceed
ings. This man from Untermyers office has not
only been present, but has been actually conduct
ing examinations Of witnesses. 1t is Peautiful
state affairs for reputable lawyers and citizens OF
the empire city of New-York TO contemplate; and
an act of which the District Attorney should be
very proud
A man who does not know the difference between
a prosecutor and and prosecutor may ind the
difference taught MIN before he gets through
Meanwhile it is pleasant to note that a. supreme
Court judge has temporarily called a halt on this
affair until a higher court may review it.