New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-31
SEABURY HITS JEROME
Judge Replies to Criticism of the
District AttOrneg.

That portion OF District Attorney Jerome's
reply to his critics in which he animadverred on
Judge Samuel Seabury's conduct Of the trial
Of McCabe the Metropolitan Street Railway
Company's lawyer, on a bribery charge. has been
promptly answered by the man criticised
The District Attorney withdrew from the
McCabe case because Judge Seabury refused to
accept the word of James L. Quackenbush, gen
eral counsel for the New York City Street Rail-
way Company that vouchers for payments OF
money were destroyed after one year
Then it appeared to the District Attorney"
Mr.. Jerome Is quoted as saying. that Justice
Seabury's court was no longer a forum in which
any self-respeCting lawyer would consent TO
remain unless he was compelled to-"
Here is Judge Seabury's reply:
I have heretofore refrained from making any
criticism Of the District Attorney I'm reference to
the Metropolitan cases. His attack upon me IN
The Times Of to-day, in which he refers TO the
court over which l preside as no longer
forum in which any self-respeCting lawyer could
remain unless he was compelled to- seems TO
me TO make it proper for me 10 state the true
facts in reference TO the extraordinary conduct
Of the District Attorney.
know Of no principle in our Jurisprudence
which substitutes the word of a gentleman for
legal proof If that principle were recognized no
gentleman could be convicted except upon ms
own confession In these Metropolitan cases l
certainly would not take the word either Of
Quackenbush or the District Attorney In lieu
Of legal proof.
shortly before the hearing in the McCabe case
n District Attorney called upon me In my
pr ate chambers and told me that he had Sc
cured the attendance Of Bagg. who had state
meut to make. At time did he suggest or
intimate to that Bagg intended TO repudiate
the confession which he had previously made.
During the whole time that the District At
torney participated I'm the hearing he conducted
himself as II he were the leading counsel for the
defence. He commenced by attempting - dis
credit the testimony of the complainant ana,
when il became evident TO him that he would
not he r111it ted "a OhStruCt
he withdrew from the case. l regret very much
that he ever came into 1t. / never saw or heard
OF a District Attorney who conducted himself III
a case as the District Attorney did IL the Nc
Cabe case. In my Judgment no self-respecunS
lawyer would act he did In that case.
The District Attorney seems TO think tnaI II
is his function to assai any public official who
ventures TO disagree with him. 1t IS time that
he began to realize that II is not ms duty 70
insult other officials, and that he should appre-
cfate his own true relation 10 the courts In Whlch
he is called upon 10 practlse
District Attorney Jerome said he didn't wish
to reply at the present time.
The apparent friendliness Of the District At
torney's office toward the railway companys
general counsel. limited at by Judge Seabury and
shown in Mr.. Jerorne's recent statement is also
exhibited In correspondence with A. Edward
Woodruff Of No. III Broadway. who first
brought the alleged jury fixing TO the attention
of the State Bar Association. Mr. Woodruff
wrote the District Attorney i'm January asking
him about the Tfuinghast case In reply Acting
District Attorney Charles Mott wrote a letter IN
which was highly laUdatory mention or the con
duct Of the legal department OF the railway
company by Mr. QUaCkenbush.
The criticism that / think is properly charged
against the District Attorneys office Is that
the office Is paid 10 search out and prosecute
crime and that II Is part OF the duty or the
said Office 10 erect defenCes for those VINO are
charged in any way with its commission salu
Mr. Woodruff yesterday go,
Louis f. Julian. the former metropolitan RAN
wav investigator, was good deal stirred up
bv MI Jerornes statement that he had refused
to give information TO the District Attorney
Office. 100.
Not only have I always been ready to give
the District Attorney every fact he wanted. ne
said last night but have given Kim a whole
lot OF information with reference TO many jury
fixing cases that lies buried in his Office
Mr. Jerome has had information auoCt some
alleged crimes for over two years. WHAT mas
become Of the papers In the case Of Willie Green
against the Metropolitan. sent 10 the DlSItlcl
Attorney bv Black. OlcOtt & GruberE w nat mas
become Of the WImfpheimer case, WllCh ms
been allowed 10 sleep since June, l"f! Ana
there are many others.
THE fight against the Metropolitan mas oily
inst begun A large number of cases are oelns
Looked into but you may he sure that theE Won
no carried n the District Attorney.