The Birmingham age-herald., 1908-05-02
New York'S District Attorney Hears Evidence Against Himself
SUPREME COURT CRITICISED
MT. Jerome Acts As His Own Attorney In the Case and Refuses To Answer Question Regarding His Ut-
 terances In Public.

New York, May 1.-District Attorney Je- rome reiterated in public today before Commissioner Hand, who is hearing evl- dence on charges against the district at torney a statement with references to Su- preme Court Justice Seabury, which is the basis of one of the charges against the district attorney. Mir Jerome had been called to the witness stand by coun- sel for the complainants. He was asked if he had declared in relation to libel suit heard before Justice Seabury that "it was the most indecent exhibition that have ever seen in a court of law in my life, and I have seen some pretty tough ones."
 T did not say that with regard to his examination" replied MT. Jerome, but in regard to the justices court in the whole matter I did say it. I repeat it now as an expression of my mature judgment
 With reference to another charge, MT. Jerome was asked
 Did you at the City club dinner, as re- ported by the press of November, 1905, say, I have no reverence-I have not even every day common respect for the justices of the supreme court of the first department (New York city) ?'"
 MT Jerome smiled and said: tThe re- spondent requires that he be allowed to answer the question, but as counsel for the respondent I am obliged to advise him that he should not answer. I enter an objection to the question that the func- tion in question was of social order and even if such affairs could be construed as reviewable ordinarily under such proceed ings this alleged utterance dates back b the time of my first term of office, and is therefore excluded by the governors s ruling"
 Commissioner Hand sustained the dis trict attorneys objection.
 Grand Jury Members.
 Several men who were members of the grand jury convened in January, 1906, and had been subpoenaed by the complainants were permitted to go after only one of them, Lucien NJ. Stanton. had testified. Stanton was asked if MT. Jerome ever of- fered any advice to the grand jury con- cerning indictments. "If remember right 1y," replied the witness, ''he said some thing about our judging for ourselves"
 The district attorney appeared to be well pleased with the reply. He leaned back in his chair and laughed and then turning to Attorney Pierce, for the com plainants, said
 There are more members of that grand jury here.'
 q don't think I'll call them for the present" answered MT. Pierce. "They are excused''
 Franklin Pierce. counsel for the com plainants, called for the evidence taken by a grand jury on the Wall and Cort- landt street ferries case. in which Thomas F. Ryan and H. II. Vreeland testified. We contend,'' said Mir Pierce, ''that MT. Jerome could have gone before the grand jury with the evidence that he had and secured indictments. Instead he called Mr. Ryan before the grand jury and for ever barred the road to prosecution"
 Jerome Agrees.
 Mir Jerome agreed to submit the evil dence privately to the commission with the understanding that MT. Pierce shall not be allowed to read it.
 MT. Pierce asked for an adjournment until Monday, when he promised to take Up Mir Jeromes investigation of the American Ice company. He said that Mir. Jerome investigated the company for half a day and then turned it against three or four small independent ice com panes. that. the American Ice company wanted to smash and that he advised that indictments be returned against them.
 Commissioner Hand said he did not regard the complaint affecting the cam paicn contribution to the Jerome election fund of 1907 as an actual charge, be- cause it stated that presumably the re- latons between MT. Jerome and Assist ant District Attorney Cans. who had charge of the contributions to this fund, were innocent. MT. Pierce insisted upon presenting evidence on that charge and the commissioner consented.
 The hearing was adjourned until Mon day.