The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-18
TOWN TOPICS GIVES UP BOOKS
YES IN THE AFTERNOON FOL.
Lows NO IN THE MORNING..
Grand Jury SubpGnaes Duces Tecum Mean.
time Had been Issued for Justice
Deuel., Daniels and WO0ster-Martin
Engel Balls Able Out OF the TOmbs.


For the present at least it will not be
necessary for the District Attorney to have
Grand Jury investigation to find out
who subscribed for "Fads and Fancies'
and who got the $4,000 paid in on sub
scriptions for the book which To,pn Topics
started four years ago and which has not
yet left the hands Of the printer. There
was change yesterday in the attitude OF
the representatives Of ToDn Topics, who
at first declined to produce the books,
but later decided to let District Attorney
Jerome have access to them.
Early yesterday morning Edward Lauter-
bach, counsel for Totpn Topics in this
particular case, telephoned to Assistant
District Attorney Krotel and asked him
what was wanted of Town Topics.
"Mr Jerome said Mr.. Krotel, "is very
anxious to see the books of Torn Topics.
We have asked w. L. Daniels, the secretary
and treasurer OF the company, to produce
them, but he says that Justice Deuel. is the
only one who has that authority. Justice
Deuel. tells me that he has not the authority
In the absence Of Col w. D. Mann, he says,
Daniels is the only authorized person.
am also informed that Justice Deuel. has
advised Daniels not to produce the books
until he has consulted with you.
"Well he has consulted with me- said
Mr.. Lauterbach, in substance. Il have
advised him that do not think he should
produce the books while Col. Mann is
away"
an that event" said Mr.. Krotel, "Mr
Jerome has decided to have Grand Jury
inquiry
"Then the only thing we can do is to fight
it," said Mr.. Lauterbach.
Grand Jury subpnnas were promptly
issued for Justice Deuel., Daniels and Moses
Ellis Wooster, who got the subscriptions
for -Fads and Fancies," and who then
started the Society Editors Association
to produce Americas Smart Set The
subpenas were served on Justice Deuel.
and Daniels about noon and instructed
them to appear before the Grand Jury
to-day and bring with them not only all
the books pertaining to -Fads and Fancies, y
but all the books of To,cn Topics
The subpoena for Wooster called for
the production Of the agreement by which,
both he and Daniels declare, Wooster was
to get so per cent. of the profits and the
other half was to be split in thirds between
|
Some four hours after the subpBnas
| had been issued and served Mr.. Lauter-
bach telephoned to Mr.. Jerome that it was
not necessary to have Grand Jury in
vestigation and that Mr. Jerome or his
representatives could see the books. The
| books will be examined to-day at the office
| of Torn Topics by Mr.. Krotel and an ac-
co,lntant. After his talk with Mr.. Lauter-
bach Mr.. jerome snid:
"Owing to his judicial engagements it
will be impracticable for Justice Deuel. to
| respond to the subpoena tomorrow. He
| will. however, be in a position to do so
either Wednesday or Thursday. Daniels
and Wooster will call at this office to-mor-
row and be ready for any examination Mr..
Krotel may think necessary"
While Mr.. Jeromes investigation is
directed principally at the business methods
of "Fads and Fancies," he also wants to
look into the To,cn Topics books. A Justice
of Special Sessions is barred from private
practise under the law. Justice Deuel.
| saws that he has not done any legal work
for To,pn Topics since he has been on the
| bench, and whatever advice he may have
| given has been given in friendly spirit
because he il friend of Col. Mann and OF
the paper. He says that he did not get a
| third of the SO per cent left after Wooster
got his share of the sl5O, 900 collected fol-
-Fads and Fancies" and that there was
no such agreement with Wooster. Ii
some cases, Justice Deuel. says, Mr.. Lauter.
bach acted for To,on Topics and at other
times Howe g. Hummel and other lawyers
were employed, it all depending on the
particular case.
Charles II. Able, the solicitor for the
Society Editors Association, who is &C.
cused Of having attempted to blackmai
Edwin M. Post into putting up $500 for
americas Smart Set" was released from
the Tombs yesterday on $500 bail given
by Martin Engel.