New-York tribune., 1907-10-11
MAY BE INDICTMENTS.
". S. r. PROBE DISCUSSED.
Laecyers Sag Jerome Should Act-
Move by G0Uermor Hinted.

Lawyers who have looked into the details Of
the Whitney Ryan Brady transaction by which
the stockholders Of the Metropolitan Securities
Company were mulcted Of more than 100000
in the purchase of the Wall and Cortlandt Street
Ferries Railway Company, say that indictments
for larceny or criminal conspiracy may be found
against some Of the men in that deal. District
Attorney Jerome. in the opinion OF these law
yers has option IN the case and must pre-
sent the facts TO the grand jury at the earliest
possible moment.
The fact that this transaction took place moro
than five years ago does not necessarily put
Thomas F. Ryan. p. A. 3. Widener and Thomas
Dolan outside the pale of the law. The statute
OF limitations. which outlaws crimes committed
more than five years before the grand Jury
takes up the case. cannot be invoked in their
favor If a grand jury finds evidences 81 Grim
inality in these transactions; because Messrs
Ryan, Dolan and Widener are not residents Of
this state, and in the OF Mr.. Ryan, who
ransacts business and maintains residence
here, his continued absences from the state may
have been Of sufficient duration to have ex-
tended the date TO which he would be held ac-
countable for criminal acts to beyond the present
time
More than that there is some likelihood that
II District Attorney Jerome does not act. Gov
ernor Hughes may appoint special deputy
attorney general to prosecute the cases over the
District Attorneys head A report was afioat In
the financial district yesterday, that already tho
Governor had this course under advisement
This Is believed to be somewhat premature. but
Governor Hughess deep interest in tho traction
tangle in this city is well known The probable
course in case District Attorney Jerome does not
take up this affair will be for the Public Ser
vice Commission 10 submit a memorandum OF
its findings to the Governor for his consider
alton
CHIEF RAILROAD TOPIC.
TIL financial jugglery by which the stock
holders of the Metropolitan Securities Company
were compelled TO pay 1865 900 for franchises
Of the Wall and Cortiandt Streets Railway
Company. for which the man who sold them got
only %25O.0O0. continued to be practically the
sole topic Of conversation in railroad circles yes
terday The explanation OF p. A b. Widener
and Thomas Doan that the money paid to them
was given TO settle loans made by them TO Mr..
Whitney considered absurd by lawyers in
touch with the commissions investigation
II was pointed out thar if their assertion were
to be taken at its face value it must also be
believed that William C. Whitney owed himself
100000. for which he charging himself in
terest that he owed more than that amount to
Moore & Schley and that he owed a debt 10
Thomas r Ryan also. And even that assump-
ton would leave unexplained why he chose to
ury of the Metropolitan Securities Company in
so roundabout a fashion.
'I believe that official body other than
the Public Service Commission should investi-
gate that transaction declared one prominent
lawyer. after studying the testimony Of Anthony
N, Brady carefully. 81 do not believe that this |
crime-if crime there be in the affair-has been |
outlawed by the passage of time-at least for
of the men who received Mr. Brady's |
CLq at Mr.
Section 143 Of the Code Of Criminal Procedure
relating to the time within which crimes may !
be prosecuted, reads follows:
If, when the crime is committed. the defendant be
out of the state. the indictment may be within
state; and time during which the defendant is |
state or usually in personal attendance upon busi
ness or employment within the state. is part the
Limitation.
That section of the code means. according tn |
the Interpretation of well known lawyer, that |
any time within the last five years when Thomas |
+. Ryan was at his estate in Virginia or thu |
time spent on his trips to Europe, would not |
count toward the period of five years after |
which he would be immunse from criminal PROD
ecution If the District Attorney the grand iurv
deemed his connection with the Brady-Whitp,y
affair criminal
A MISSOURI PRECEDENT
AS authority for his opinion this lawyer cited
the of the people OF the State of Missouri
VS.. Snyder, one of the Folk boodling prosecu-
tions. In this case Snyder. the defendant ac-
cording to testimony. had been spending much :
time at the Waldorf-Astoria, in this city. and a
considerable period on trip to Europe
The trial court, when the question OF limita-
ton came up. instructed the jury that the ques-
tion of whether the defendant was or was not
en- inhabitant of the state was not to be decided
by the jury. This point, which involved the
success Of the prosecution of Snyder was taken
up TO the Supreme Court of the state That
court held that the instructions of the lower
court were not 10 be regarded. and that the
question of whether the defendant was or was
not a resident distinctly for the trial Jury
and the grand jury to settle.
More than that. the jury should determine If
It believed the defendant was nonresident OF
tie state wherein the crime was committed
Continued fifth page.
'rbe Meet ctorin,,s r-riD- of tho Year ,a uudso,