The sun., 1908-06-06
HITCHCOCK IN THE TOMBS
ACTOR NOT 40 60 FRHB DUR
ING RIs SECOND TREAL.

New Counsel FSslrts Ser Time and esas
o BAttle IIeeup Unti1 Monday AfteS
Ono Juror Has Been Ch0aen-CnxB
Fischer.Banscn 10 Soon 20 he Tried.
Raymond Hitchcock, the actor, will have
to make his homo In cell In the Tombs
during his second trial, which In FOR at
tempted assault on young girl. and which
was called yesterday afternoon before
Justice Goff in the Supreme Court, Criminal
Branch Justice Goif refused to allow
Hitchcock ON bail during tho trial unless
the District Attorney consented, and this
the District Attorney refused TO do. Az
his first trial, when the Jury was directed
to aoquit by order OF the Court, he was
not locked up.
Hitchcock came to court with the idea
that the same procedure would be followed
as at the first trial. But 1t has been rule
OF Justice Goff to lock up defendant In q
felony case as soon as the trial began.
Although strong plea was made for Hitch.
cocks release by his new counsel, Max
Steuer, Justice Go6 would not listen to
1t unless the District Attorney consented.
@This Ia the meanest thing ever heard
Of, said Hitchcock az he was led over to
the Tonbs.
There he had q conference with his law
yers. Hitohoook's legal affairs have no
been in very good shape since his first
trial. In the first place John B. Stanoh-
field retired az his counsel because Justice
Goff ordered the trial to 60 on yesterday.
Herman Fromme has dropped out because,
he says. Hitchcock would not keep ap-
pointments with him." Carl Fischer-Han-
sen, who was Of his counsel at the first trial,
is now under indictment for extortion.
Soon after Hitchcock was taken to tho
Tombs yesterday afternoon Alexander
Miohaelson. who is an associate OF Carl
Fischer Hansen. called at the Tombs. He
seemed to be very much interested in the
fact that Hitchcock had been locked up.
He said that there would be q conference
Of Hitohoock's lawyers this morning. when
it would be decided whether or not there
was any legal procedure that could be
adopted to get Hitchcock out Of the Tombs
over Sunday. The trial OF Fischer Hansen
is scheduled to begin before Justice GofY
at the termination OF the Hitchcock trial.
which. 1t is expected, will not take over a
week.
Hitchcook's case was called when Justice
Cons court opened in the morning. The
actor wore gray suit and the familiar
shock Of blond hair fell over his forehead.
flo was quito phi0. 1ib WIG, riOEb AdpSH0s
the actress, was not in court.
Lawyer steiner at once made a plea for
an adjournment. He said he had been
called into the case only two days ago and
had not had time to prepare his defence.
He read an affidavit from Mr.. Stanchfield,
who said that he understood that there was
an agreement that the trial was to be put
over until the fall. MIR. Stanohf1eld retired
from the case because Of engagements in
the Federal courts. He said that he had
been informed that Thomas Osborne. ex-
Mayor of Auburn and a member Of the up
State Public Service Commission, had made
an agreement with District Attorney Je-
rome that the trial would not be called till
October, He also said that John d. Lind
say OF the Gerry society had consented
to such an arrangement.
Assistant District Attorney Garvan denied
that there had been any such stipulation.
1t was a simple indictment and called for
no elaborate defence, he said. Justice Gof
sustained Mr.. Garvan. He said that the
case had been on the calendar several
times and no good reason had been ad-
vanced for an adjournment. He did not
regard II as different from hundreds OF
others tried daily in the criminal courts.
Lawyer Steuer was told to be ready to
session. Things started with jump, and
then there was a sudden halt. The first
talesnan examined was John b. Ward, an
expressman. He was satisfactory to Mr..
Garvan, who asked him few routine ques-
tions. Then Mr.. Steuer began his exami-
nation He hadn't gone far when he con-
suited with Lawyer Henry g. Gray, who
used to be one Of Mr.. Jerome's assistants
and who is said to have been retained by
Mr.. Osborne and his friends to help Hitoh-
Steuer spoke 10 Hitchcock. Mr. Steuer's
actions seemed to convince Justice GoiY
that he was none too well up on his case,
70 he told Mr.. Steuer that he could have an
adjournment until Monday.
Expressman Ward was accepted pro-
visionally as foreman Of the jury. Then
came the fight TO keep Hitchcock out Of
the Tombs. Martin Engel his bondsman,
was present and said he was ready to give
any amount. of bail for Hitchcock's ap-
Goff who finally, left it to Mr.. Garyan.
Mr.. Garvan said 1t was rule of the Dis
trict Attorneys office that when defendant
was called for trial In felony case bail
should not be accepted during the trial.
Mr. Garyan said he had been told that
did not like to appear unreasonable there
was nothing else he could do.
Hitchcock will be tried on the complaint
OF Helen Won Hagen. who says that he took
her to q house in West Forty-frst street
called "the house with the green blinds
The evidence at the first trial showed that
Hitchcock had hired a room In the house
The case OF Flora Whitson, who recanted
at the first trial, breaking up the proseou-
tons case. was called In Justice 0off's
court yesterday morning She was in
dicted for perjury. 1t 10 the intention to
try her soon after the Hitchcock case Ia
over.
While Hitchcock was waiting In court
Yesterday afternoon he heard a jury con-
vict Frank Gray, negro, Of murder In
the second degree Hitchcock had Just
taken his seat at the defendants table and
he looked the negro over with a great deal
OF interest. Gray will be sentenced next
weeh.
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