The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-30
ASKS INSURANCE GRAND JURY
JERONE WANTS SPECIAL PANEL
TO SERVE IN NAY.
Justlcr Dow ling. to Whom the Application
Is Made. WIN Decide To-day Fleming.
Hushes's Assistant, Ready to Begin
Work as Assistant District Attorney.

fore Justice Downing IN the supreme court,
Criminal Branch, yesterday afternoon and
asked for a special Grand Jury in May to
handle nothing bat insurance cases. This
means that it is not the intention of Mr..
Jerome to put any insurance matters be-
fore the April Grand Jury, which will be
svorn IN hy Recorder Golf on Monday.
Mr.. jerome said that the ordinary Grand
Jury would have so much routine business
that i, couldn't take UP both the insurance
cases and the routine business.
BEFORE making his application Mr.. Jerome
had A conference with Justices Scott and
O'G7rman. Justice Scott has been as
signed IN 81 in the Supreme Court, Criminal
Branch, IN May. Justice O'Gorman is to sit
in Arrl. There will be two branches of the
supreme Court, Criminal Branch, in April,
as Justice Bowling. who is now in the crimi-
nal branch Of the court, will continue the
March term into April A special court
room has been fitted up for him on the top
floor Of the Criminal Courts Building.
In making his application yesterday Mr.,
Jerome sail that both Justices Scott and
O'Gorman had agreed with him on the
proposition. Mr.. jerome went before
Justice Bowling shortly before the adjourn
ment Of court. He first referred to the
Investigation Of the Armstrong committee
and said;
The records OF that investigation-th
minutes Of il, the testimony. extend through
come ten printed volumes of about | 900 pages
each. In the course Of that investigation
many matters were developed which IL was
not possible for the learned counsel conduct
ing the Investigation to press to their final
conclusion, partly because of lack Of time,
but argely because with a fine judgment
and self restraint he confined himself within
the limits of his strict professional duty.
which was to ascertain facts which might
inform the mind and conscience OF the legis-
lature so that they could properly lesislate
upon the matters affecting the insurance
business in this State. The result OF that
was that many matters were disclosed which
in my opinion as District Attorney OF the
county require investigation at my hands
10 determine whether OF no from other evil
dence coupled with the evidence already
there adduced, certain crimes had been COM
mitted in this county.
As your Honor IL nv ware, the Grand Jury
DI t0m county lb u DOug Iudt has u HESdt %
OF work to do. 1t is in continual session all
the year round. 1t passes upon many thou
sands Of cases. To impose upon that Grand
Jury an Investigation into these matters
would be TO burden 1t In an undue degree.
Either -tt-Would be compelled to make an
inadequate investigation of the matters dis
closed In the testimony before the 30 called
Armstrong committee. OF II would be COM
PEELED ~inadeouately 10 perform it's duties
tn-ard The oranf n1aas of inportanf criminal
cases which are daily brought before it.
Under these circumstances II has seemed
10 me wise to ask this Court, under the powers
vested in Il by the statutes. to make an order
directing the COMMISSIONS Of Jurors TO draw
for this Court q Grand Jury.
l ask that such an order be made in order
that In the MAY term OF this court there may
be Grand Jury to inquire into and investigate
in a full manner the affairs and matters de-
veloped before that Investigating committee.
! have given IL very much care and attention
and would be prepared to proceed earlier
we're IL not that the law requires that the
order should be filed in the County Clerks
Office not less than twenty days before the
commencement OF the term for which the
Grand Jury lie drawn.
"Is it usual, asked Justice Bowling, ito
make these applications for special grand
~juriesf'
Mr.. Jerome referred to the special Grand
Jury drawn to consider election cases last
fall and to the special Grand Jury en-
panelled TO consider cases that came out Of
the Lexow investigation.
Il will take the matter under advise
mont until morning, said Justice Bowling.
u will confer with the presiding Justice
Of this department and also with the Justices
who are to hold this part during April and
May and zee what their views are on the
subject. Do l understand that this special
Grand Jury is desired for the sole purpose
Of passing on the insurance cases?'
THE form Of the order usually made
in this case dose not specify the particular
business" replied Mr.. Jerome. 1T is not
like the Grand Jury drawn for an extraor-
binary term, confined by a proclamation
Of the Governor. 1t is drawn generally
to attend the term and transact such bust
ness as may be before that term, But
there will be no other business before it
except the general insurance matter, be-
cause the other criminal business OF the
county, although somewhat heavy, can
he attended to by the Grand Jury drawn
at General Sessions. There will be no
other business TO submit to ii and it will be
fully occupied for that purpose"
Justice Bowling asked what Judge would
sit in Part /. OF General Sessions in May,
where the ordinary Grand Jury reports.
Mr.. Jerome said he didn't know. Judge
Foster has been assigned to that court
for May.
1t was learned yesterday that Matthew
c. Fleming, who was Charles E.. Hughes's
associate and who has been retained by
Mr.. Jerome to assist him in his insurance
Investigation, is now ready to take up his
work with Mr.. Jerome. It is expected
that in the course Of his work Mr.. Fleming
will have to appear before the Grand Jury.
The aw says that only a full assistant dis
trict attorney can appear before the Grand
Jury, but this will not be any obstacle in
the way Of Mr.. Jerome as there is a vacancy
to which Mr.. jerome can appoint Mr., Flem-
ing. 1t is said that Mr.. Jerome had this
in mind when he kept the vacancy.
In the ordinary course Of events Recorder
Gof might have something to say on in
surance to the April Grand Jury on Mon
day. Whatever Recorder Gof does may
depend a great deal on Justice Dowling's
decision today.
The March Grand jury will he discharged
today, Owing to the friction between