Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-09
JEROME FILES REPLY.
voluminous Answer to Charges Pre-
scented at Albany Today.

ALBANY, n. Y, March 9,-District At
torney Jerome of New York filed today
with Gov Hughes his answer to the
charges preferred against him by VIII
liam F. King. former president OF the
New York Merchants Association. and
q committee of minority stockholders OF
the Metropolitan Street Railway Com
pany In which the governor is asked 10
remove Mr. Jerome from office. The
answer is In the nature of general
denial of the charges. The governor said
he would announce the procedure to be
followed after he had examined the docu-
ment.
The district attorneys answer declares
tina. the charges against him were baseo
on assumptions which are purely srdtui,
tous; that in each instance or anesea
failure to prosecute the matter rererreo
to did not as a matter of law constr
tute a crime; or that If crime had peen
committed 1t was by reason OF Soine
defect of evidence. such as the lack OF
Confederation where the law FORBADE d
prosecution unless there was corrooora-
ton, impossible to sustain prosecution.
and that the law and the obiisatiohs OF
his oath of Office alike forbade him 10
institute prosecutions In the absence OIL
evidence to justify them.
Each of the twenty-three charges
against him was taken up by MI. Jerome
and answered in detail. With reference
to the charge which reiates 10 MI +.
charge of Howard S. Cans. VINO was
one of his assistants. Mr.. Jerome states
that save and except in Few instances
he was not informed and did not know
nv whom the contributions to the ex-
Denses of his campaign were made.
The answer sets forth, also, that tho
largest contributor to the fund SO Tar as
Mr. Jerome knows, was Samuel inter
CO.. iyy1a a
myer. who has been TOT long tine a
nersonal friend of the district attorney.
Mr.. Cntermyer's contribution was $oOOO
The charges against Mr.. Jerome alleged
thit this contribution was improper on
the ground that Mr.. Untermyer was an
attorney for Jas. H. Hyde, formerly vice
president of the Equitable Life Assurance
Society To this the reply is made that
Mr. Untermyer at that time did not rep
resent Mr.. Hyde in criminal matters ana
that neither before nor since that time
has any evidence been produced to indi-
cate that Mr. Hyde had been guilty OF
any criminal act.
Denial is made that Mr.. Cans, since he
has beensan active practitioner of the law,
has at any time received any favors or
been shown any other or greater court
estes or consideration than is shown to
every practicing lawyer. Denial is made
also that any favors have ever been asked
or received of the district attorney from
any corporation.
With reference to the charge against
the District Attorney to the effect that
he had failed to bring prosecution for the
Notation Of illegal worthless and fictitious
securities of the United States Shipbuild-
ing Company in 1902, Mr.. Jerome replies:
THAT while 1t was probable that
crime had been committed and that GER
tain persons connected with the enter
prise had been guilty of procuring money
by false representations the legal evidence
to prove the falsity Of the representa-
tions could be secured only by taking the
testimonies of the witnesses in five diff
ferent states"
Cnder the elementary criminal law Mr..
Jerome says dispositions of witnesses
taken without the jurisdiction are not
available either for the preliminary steps
in q prosecution or upon the trial Of q
criminal case. and that he had no means
of securing the attendance of the wit
nesses whose testimonies would have
been essential to make a case. and that
he was the 7efore powerless to prosecute.
In reply to the allegation that the dis
trict attorney had lost almost completely
the confidence of the people in the county
of New York the answer disclaims any
ability to judge of the truth of this as
sertion. but sets forth bearing upon
the question some of the numerous lets
tiers which he has been receiving since
these charges have been filed, obtaining
assurances Of confidence and expressions
of approval Of the district attorneys
course.