New-York tribune., 1905-01-19
DODGE CASE CONSPIRACY.
VAS ONE, SAYS THE JURY.
Seeks to Indict-HummeL Stem
Ographer Made to Testify.

in its investigation yesterday OF the Morse
Dodge tangle, the grand jury sent a commune
cation 10 Judge McMahon. of General Sessions
which disclosed as fact that efforts We're being
made 10 indct persons for conspiracy. The
grand jury has had evidence that the alleged
perjury for which Dodge has been indicted was
The result OF subornaton and conspiracy by
various persons The present investigation is
being conducted TO find out where those per
sons are.
A witness before the grand jury yesterday was
Isaac y. Jacobson, of No. 100 West One-hun-
Observation-Disclosures a stenographer in the
office OF Howe Hummel, formerly counsel for
Dodges wife. He persstentIy refused to give
certain testimony wanted but at last gave it.
The grand jury's communication TO Judge
McMahon set forth that Jacobson had ibeen
summoned and had been questioned particularly
as TO certain afidavits sworn TO by Dodge in the
Supreme Court on November Q. 1903, and Oc-
tober 20 1893 The body of these affidavits was
typewritten. and jacobson was asked if he had
done the Iypewriting. He refused TO answer
on the ground that he forbidden to do so by
Section $50 OF the Code Of Civil Procedure, re-
lating 10 privileged questions
Did any person dictate the affidavit TO you?"
he was asked. He declined TO answer. Then
the communication was sent.
IN court the judge said:
j
questions He cannot claim privilege under the
circumstances"
Jacobson-I think have the right to be rep
resented by counsel on such presentment and
application, have not?
The Court doubt il very much,
Jacobson decline 10 answer. II your honor
plesses. II ] will be permitted 10 consult with
counsel. and # counsel advises that il is not
a privilege, I shah certainly answer the ques-
The Cour.-The Court aivises tn. JURY other
wise
Jaoobson-Then it will only involve contn-
uance Of refusing 10 answer.
The Court-You will return 10 the grand jury
room and answer the questions propounded TO
you I viii send you elsewhere.
Jacobson-Then will have q right to retain
counsel on that application. and consequently 1T
is only matter OF delay.
Mr.. Randi trust that the witness under
STANDS that he will 90 elsewhere first.
jacobson trust the distinguished Assistant
District Attorney viii understand that he cannot
keep ne elsewhere"
Mr.. Rand-Let US not waste time If the wit
ness intends TO refuse to obey your honors direc-
tons he might as we'll refuse here 10 have
the grand jury go upstairs again.
The Court-Certainly.
Jacobson-Your honor. II I refuse now Will
your honor direct that be punished for con-
tempt?
The Court-Certainly.
Jacobson-May I have counsel at once before
go elsewhere? and certainly will purge my
self Of the contempt.
The Court-You can see counsel after you are
confined.
a laudable occupation.
The Court-Are you willing to go before the
grand Jury and answer the questions propounded
10 you this morning?
Jacobson-WeH Will I 60 TO Jail?
The Court-will you answer my questions?
Jacobson-I Will answer
The grand jury went at once upstairs and
there Jacobson answered the questions. It is
said He will be a witness before the grand jury
again to-day.
Ex-Judge Fursman was in conference. with
MI Rand yesterday about the case