The Washington times., 1905-12-31
ARGUE FOR STAY
FOR ABE HUNNEL
Jerome's Act Prejudiced, 1t
Is Alleged.
PROSECUTION LOSES POINT
Justice Woodward Decides He Has
Right to Release Lawyer
on Bail.

NEW YORK, Dec. S0.-The order
obtained by counsel for Abraham
II. HunmeI. who was convicted of
conspiracy in the Dodge-M Morse tangle,
TO show cause why a certificate
OF reasonable doubt should not be
yesterday before Justice Woodward.
sitting in the Appellate division of the
Brooklyn Supreme Court The original
order was granted by Justice Woodward
a few hours after the jury had found
Hummel guilty. and the prisoner was
at ONCE released on $4,000 bail.
Subsequently he was rearrested by
order OF District Attorney jerome, who
questioned the right of Justice Wood
ward to admit Hummel to bail on such
an order Hummel, however, was again
released, this time on a writ of habeas
corpus. and his bail was again fixed at
$40, co.,
At the hearing yesterday John B.
Stanchfield represented Hummel and
Assistant District Attorney Cans ap-
peared for the district attorneys office.
Hun;mel was not in court
Overstepped His Powers?
Mr.. Cans presented his contention
that no justice has right to admit a
convicted prisoner to bail without a
certificate Of reasonable doubt had been
issued. He read at some length from
the law -on the subject Mr. Cans as
serted that pending the argument of an
order for the granting of a certificate
- l.
right TO issue a stay or Judgment, but
that he had no authority to release the
prisoner from custody ne argued that
while Justice Woodward was justified
in preventing HummG from being taken
TO the penitentiary. he was exceeding
his powers in ordering him released
from the Tombs.
Wants Test.
This is not a matter OF great poIiti-
cal Importance" said Justice Wood
ward, but I understand that the dis
trict attorney wants TO test by an ap-
peal the legality of admitting pris-
oner TO bail on the issuance of an order
to show cause why certificate of rea-
sonable doubt should not be granted. so
| will adhere 10 my original position,
and decide that l had the right 10 ad-
init the prisoner to bail
After the motion of bail had been
passed upon. the court passed on TO the
question of the certificate of reasonable
doubt. Mr.. Stanehheld sketehed the
history of the case for Justice Wood
wards benefit. He laid great stress up-
on the fact that the district attorney
had at first asked for a special jury TO
try the case and had then withdrawn
that request. He declared that the de-
fendant had been cheated of his rights
by the failure of the court TO grant the
change of venue asked for. or to give
him a postponement after announcing
that there would be no special panel.
Jerome's Tactics Called Unjust.
Mr.. StanchfieId then read the remarks
made In court by the district attorney
before the Hummel jury was sworn in.
In which MIR. jerome said that Hummel
had been disbarred once upon his own
confession of having bribed Judge.
Mr.. Stanchfeid characterized the dis
trict attorneys words as viciousIy
prejudicial to the defendant. and de-
cIared that Mr.. Jerome had no right to
bring up the fact of Hummel's dis
barment in connection with the present
case.
Two OF the Hummel jurors before
they were sworn in. said Mr.. Stanch-
field. declared that they We're preju-
diced against the defendant. and yet
Justice Rogers allowed them to enter
the jury box"
Mr.. Stanchfield read the answers that
the two talesmen had made TO the ques-
tions put TO them by him and Lawyer
De Lancey Nicol.
Juror No II. who was accepted after
the defense had exhausted its peremp-
tory challenges. Mr.. Stanchheld assert
ed, had shown particular prejudice.