The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-03-10
JEROME
ANSWERS
\: v M 79 ss .3
DISTRICT ATTORNEY DENIES
CHARGES OF DERELlcTIoN
in OFFICE.
!! STRONG II DEFENSE.

Secure Convictions In Any Cases
& Where He Has Not Prosecuted
Cites Names Of People Who Believe
Y Him All Right.
H Albany, N. w. March 9.District
Attorney Jerome filed today with
Governor Hughes. his answer to the
charges preferred against him by
William +. King, former president Of
the New York Merchants association.
In which the governor is asked to re-
move Mr.. Jerome from office.
The answer Is a general denial Of
the charges. The governor said be
would announce the procedure to be
be followed after he had examined
the document.
The district attorneys answer de-
clares that the charges against him
were based on assumptions which are
purely gratuitous; that in each In
stance Of alleged failure to prosecute,
the matter did not, as matter OF
law, constitute crime. or II crime
had been committed 1t was by reason
of some defect of evidence, such as
the lack of confederation with impos-
sibility to sustain prosecution, and
that the obligation of his oath Of of
flee forbade him to institute prosecu-
tions in the absence OF evidence to
justify them. Each Of the % charges
against him was taken up by Jerome
and answered in detail.
No Fraud Known.
With reference to the charge relat-
ing to Mr.. Jerome's campaign fund
which was in charge Of Howard 8.
Cans, who was one of his assistants,
Mr.. Jerome states that "save and ex-
cept IN few instances" he was not
informed and did not know from
whom the contributions to the ex-
penses OF his campaign were made.
Mr.. Untermeyer's contribution was
5000. The charges against Mr.. Je-
rome alleged that this contribution
was improper on the ground that Mr..
Untermeyer was an attorney for
James H. Hyde, formerly vice presi-
dent OF the Equitable Life Insurance
company.
To this the reply is made that Mr..
Untermeyer at that time did not rep
resent Mr.. Hyde in criminal matters
and that neither before nor since that
time has any evidence been produced
to indicate that Mr.. Hyde had been
guilty Of any criminal act.
Denial Is made that Mr.. Cans since
he has been an active practitioner Of
the law has at any time received any
favors or been shown any other or
greater courtesies or consideration
than is shown to every practicing law
yer. Denial is made absolute that any
favors have ever been asked or 70.
ceived Of the district attorney from
any corporation. #
No Evidence.
With reference to the charge
against the district attorney to the ef-
feet that he had failed to bring pros
ecution for any alleged criminal ac-
tions for the hotation of illegal, worth
lass and fictitious securities OF the
United States shipbuilding company
in 1902 Mr.. Jerome replied:
while It was probable q crime had
been committed and that certain per-
sons connected with the enterprise
had been guilty Of procuring money by
Misrepresentation. the legal evidence
to prove the falsity Of the represents
ton could be secured only By. taking
the testimony Of the Witnesses In hve
different states 3 8s \.
Under the elementary criminal law.
Mr.. Jerome says, depositions when
taken without Jurisdiction are not
available either for preliminary steps
In . prosecution or upon the trid Of q
criminal case and that he had no
means Of securing the attendance Of
witnesses whose testimony would
have been essential to make . case.
and that he was. therefore. powerless
to prosecute.
In reply to the allegation that the
district attorney had lost almost com
pletely the confidence Of the people In
the county Of New York. the answer
disclaims. any ability to Judge Of this
assertion but sets forth. bearing upon
the question, some Of the numerous
letters which he has been receiving
since these charges have been dled.
containing assurances Of confidence
and expressions Of approval OF his
course. In the list Of letters referred
to are communications from Joseph
81. Choats. formerly ambassador to
Crest Britain: General Benz. r. Tracy,
formerly secretary Of the navy. and
Edward n. Shepard.
. Ia y. i Z y +.