New-York tribune., 1907-12-19
CRAVATH CASE ARGUED
RIGHT OF COUNSEL URGED
Grand Jury Questions Ground TOR
Contempt Charge.


Pleasantly worded apology for the zeal Of the
District Attorney of New York County in ferret
ing o,,t crime. on the part of prominent mem
hers OF the National and State Bar associations.
marked the argument yesterday before Judge
pos,lekv =, the Court of General Sessions as
N whether Paul D. Cravath should be punished
for contempt of court IN refusing TO answer
questions which had been put to MIN py Ihe
November grand jury in regard to his knowledge
of the sale Of the Wall and Cortlandt Street
Ferries Company. Alton B. Parker, president
of the American Bar Association, who made the
chief argument In uphoiding Mr.. CraVaths re-
fusaI to waive the privilege existing between
counsel and client took particular pains to state
that he was not condemning the District Attor-
nev. Mr.. Parker said that not only did he be-
ljeve in him as q but as an honest ana
efficient District Attorney who tries to do
his duty as God gives him the light to see it
In hts zeal to discover crime. or what ne oeleFes
to be criminal, however. thought Mr. Parker
the District Attorney might sometimes make
mistakes.
John L. Cadwalader. president of the Bar
Association and Howard S. Cans, MI CraVath 5
personal counsel, who formerly an assist
sat in the District Attorneys office and
was the manager Of his campaign fund in
1905. ioined In their appreciation of that official
for sn the brief submitted TO the court by the
trio thew expressly state that in pursuing this
unbeard-of and extraordinary course dn trying
10 have Mr. Cravath punished for contempt OF
cour0 he is animated solely by desire 10 ad-
vance the ends OF justice as he sees them.
The District Attorney, who appeared in per-
son to urge that Mr.. Cravath be punlsheo hoF
obstinacy in refusing to answer the grand Jury
questions took these laudatory remarks rauler
nouchaIantiy With his characteristic incisfve-
s,zS inr-
array Of eminent counsel that had been running
IN his office and bothering him for the last two
weeks in regard the case, adding the eplgran1-
r7sfic rytterauce that men don't hunt sparTows
with 1S-tnch guns"
The particular question which was presenter
TO the court for adjudication was whether MT
y,yan in volunteering his testimony in regard TO
the sale Of the~ferries company TO hinseh ana
his associates by Anthony y. Brady. had not
rracticaily waived the privilege existing between
client and counsel, thus compelling III. Cravath
TO testify even involuntariIy, to the truth OF MI
Rvan's statements as to conversations that had
,akan MAC. between himself and his lawyer.
Mt RYAN had himself expressly refused to agree
10 such waiver. but the District Attorney con-
tended that the voluntary testimony OF one OF
tbe partfes In the dialogue compelled the other
TO give answer as TO the truth OF the statements
made
II was on the presentment of the November
grand fury made about two weeks ago 10 Judge
Rosalsky, that CTagatt1's testimony was abso-
lutel, essEntiad the investigation it was max
Ing that the District Attorney asked that MI.
Rvan's lawyer be punished for contempt OF
co1trt As II happened, Mr.. Cadwalader and
Mr.. Cans were fri court at the tine. evidently
lreuares for Mr.. Cravath's refusal, and the
argument on the motion to punish for contempt
was finally deferred until yesterday. 1t was also
announced that MI Parker would be retained
in the case. as the point at issue was one of the
greatest Importance TO the bar and TO lawyers
throughout the entire country.
Although, said the District Attorney at yes
ierday's hearing, Mr.. Ryan was not under III
Cictnent and was accused OF crime only In a
general way" he failed TO see the special reason
why there should be rush Of eminent counsel
10 represent Mr. Cravath. Neither could he
make out where the bar would be injured II Mr..
Cravath were called upon simply to confirm the
truth Of what his client had voluntarily told the
jury in regard to the sale Of the ferries COM
pany.
such an uprising on the part of counsel"
said the District Attorney s3rcastically. seems
10 be for the purpose Of sealing Mr. Cravath's
lips. If Mr.. Ryan told the truth If MI Cravath
Is upright man, who Will be injured?'
No." said the District Attorney, with appar-
right OF waiver sword to strike down Jus
lice in her quest for truth. shield TO pro-
tect himself from ends which might be unpleas-
ant" lie insisted that the for the rule
about privileges had ceased when Mir. Ryan tes-
titled. when he could have refused to do on
the ground that his testimony might tend to in
criminate him. IF the reason for the rule
ceases the rule itself ceases" The confidential
character of the testimony. he argued, had been
destroyed by Mr.. Ryans own admissions, which
had really amounted to waiver.
Ri. Parker, after lauding the District Attor-
ney, declared that his contention. if upheld |
would set up a very bad precedent The law
explicitly stated that confidential communica-
tions should not be divUlged without the consent
Of both parties engaged in them. If the District
Attorneys contention were upheld 1t would mean
that the established law of centuries would be |
upset and communications to doctor. lawyer or
priest would never again be sacred.
In citing a in which il stated that |
il would work gross Injustice to allow an at |
torney TO contradict client, the District Attor-
ney asked: Against whom would the injustice |
be worked? Against lying client? The law !
is not overanxious to protect those who are |
honest and an honest client needs no protection /
from his attorney; he cannot be hurt He |
,lrged that the people entitled to the benefit