New-York tribune., 1908-01-28
cRAVATH NEEDN'T TELL
pOS4LSKY UPHOLDS HIM.
jerome Criticised for Conduct Of
Ferries Railscay Inquiry.

-=.. OTTO A RosalslSy in Part " of General
es;ars handed down q decision yesterday In which
- segied District Attorney Jerone's application for
,,rser te compel Paul D. cravath. counsel for
---,,,as r RYAN and also for the Interborough-
,,--,-,oiirau company answer questions before
=. Grand Jury in regard TO the sale OF the Wall &
,---lsndt Street Ferries Railway in 1902. and re-
..sas 20 adjudge Mr. Cravath in contempt for de-
,7,i-c "a answer such questions. He also ordered
-. ristrct Attorney submit evidence TO another
grand jury, that proper ana legAi lhFesusat'"ii
might be made
--ie decision criticises the District Attorney Sc
erey for the way he conducted that investiga ton.
s-5 also gives much Of the testimony that was then
-sken bv the grand jury MIR Cravath claimed an
--o-nevs privilege in declining testify a eli
err-s transactions. Judge Rosalsky. IN uphod.ng
Nr Cravath. pointed that MIR Ryan had never
consented 10 MT. Cravaths waiyng his right TO re-
se 20 testify He particua rly criticised the
,e- IL winch the District Attorney examined Thomas
+ Ryan
The decision recites length the efforts
NJ Jerome made persuade Mr. Ryan permit
MS counsel, Air Cravath, testify and the latter
refusal so do so. "The District Attorney SAYS
gudre Bosalsky. evidently dissatisfied with Mr..
Rvar's attitude in this matter. told him that he haj
been the subject of repeated and yenomous attacks
from al parts Of the country, and that he now had
The opportunity show that his conduct was above
-enroach and taat ne was responsible for closing
NJ Cravath 10 testify Again Mr.. Ryan refused to
waive his privilege. and in the examination whlch
gr Jerome then put hsIn through he was asked the
following questions:
. What is your object in trying 20 Involve TINS
ferred top were straightaway transactions
g You have told a story that seems reason
saEe story rom cS start to finish You may have in
connection with this matter committed some crime
= You have DEFINITELY decided not to throw
ore voluntarily this jury that line of informa-
-ior. although you realize peffeeiP tAa' f"I az
practically accused OF a criminal act A 10
am sorTy for il, but--
Judge RosalslSy said that had an indictment hsen
handed down against Mr.. Ryan il would have b"en
~ doubtful validity. He condemned the practice
~ calling profitable defendant 10 testify before a
grand jury.
Tudee Rosalsky in his address 10 the November
grand jury said he had not acceded 10 its request
20 fa discharged before because he believed MY
C,-ayafh should have az opportunity 10 answer
certain questions If he was legally bound TO d"
So He said there was serious obstacle TO
TIE urys pursuing line OF investigation because
-ha District Attorney had said in open court there
vae no evidence 10 show that Thomas F. Ryan
Rad violated the law and because. if evidence
cF illegal transactions found. il would come TO
-.rrht For although the investigation, he said.
was 90 determine whether Mr- RyaI and others In
-fe sale Of the Ferries railway TO the Metropolitan
Securities Company had each stolen the sum of
81 e-- = The record OF the proceedings showed
tie charges centred upon Nj Ryan and the Dis
rricr Attorney had no right question him on any
matter relative this charge" because of the
constitutional provision that no person shall be
forced 10 testify against himself And on the gen
craI subject u testimony before a grand jury he
said
Iras--ucE as orr courts Go not permit the dis
closure of cauf5e1l+ial matter on cross-eXanina-
ZION court should protect the rights OF a wit
riess zho subjected an Unlawful examination
before Fha grand 5ur2- Ii does not follow that be
ceed-Es II -h@ grand jury the grand jury is freed
from r1a restraints Of the law OF evidence or that
rbe grand Jury transform legal inquiry be-
fore a grand jIr- into inquisit0rial proceeding
n closing he cited Lengthy extracts from opin-
;71 rendered lv Justice Goff when he Recorder.
NJ Jerome declined last night to comment on
JCdEe Rosa skis decision