The evening world. [volume] (New York, N.Y.) 1887-1931, 1909-03-26
LAWYERS DEFY
MR.. JEROME AND
THE GRAND JURY
Osborne and Pierce Refuse to
Obey Subpoenas They
Claim Are Illegal.
DENOUNCED IN COURT.
District-Attorney Wants to
Find How Grand Jury
Secrets Became Public.
DENOUNCED IN COURT.

District-Attorney Jerome appeared he
fore Judge Grain In General Sessions to-
day and asked that body attachment.
be Issued against James W. Osborne
his former assistant, and Franklin
Pierce, who was counsel for the KIM
Committee. which preferred charges
against Jerome to Gov. Hughes. The
Ddstrict-Attorney explained that he had
sent Grand Jury subpoenas to the two
lawyers named, but that they refused
to obey them.
=, The subpoenas were issued In spe-
cial inquiry the Dlstrict.Attorn Is con-
Quoting into an alleged violation OF the
Penal Code by those responsible for CIV
Ing the minutes OF the January QsOs)
Grand Jury. which investigated the Ice
Trust. to the King Committee.
Two witnesses were examined In this
Inquiry yesterday, Mcdonald Dewitt, a
lawyer, employed in the Office Of Clar-
encs j. shearn and Miss Hubby, one
OF Mr.. Shearn's stenographers
Copied osborne's Notes.
According to Mr.. Jerome, Dewitt and
Miss Hubby went to the office Of James
w. Osborne, during his absence and
there made a copy OF the Grand Jury
minutes in the Ice Trust inquiry. To
get further information as to this sub
poenas were issued for Osborne and
Pierce.
i understand" said the District-At-
torney to Judge Grain. that these gen.
tlemen intend to contest the validity Of
the subpoenas served upon them. They
also desire to contest the subpoenas TO
learn whether or not / am going to
bring an action against John Doe, Rich
ard Roe and others, withou. naming the
Asfsndants.
The witness, Dewitt" said Mr.. Je-
rome declined to answer certain Dues
lions on the ground that they would in
criminate him and on the further ground
that he would be disclosing professional
secrets Of his client, the Star Publish
Ing Company.
II wish to say that the real defendants
are Osborne and Pierce, and am loath
to believe that men OF the standing they
claim to be should try and hide any.
thing Of the kind and In this way.
Case ls Put Over.
IT their conduct is honorable they
should welcome this inquiry. Mr.. o.
borne knows how clean this office is, for
he has worked here. and IL he is willing
10 attack man who stood by him In his
hour Of need, then let US know It,"
Replying to the District Attorney,
George Gordon Battle, who appeared for
AR, Osborne and Mr. Pierce, said tr.at
Mr.. Jerome's extraordinary harangue"
Included matters not before the Court.
This Is neither the time nor the |
place" said Mr.. Battle. ito attack men |
Of their professional standing. The |
question before the Court Is whether |
these gentlemen have been rightly sub /
poenaed. ! do not believe they were. |
Under Judge Wards decision in the |
New York World matter, they believed |
II was their right to contest this in
quiry."
Mr.. Battle then asked that the court |
take up the question OF the validity .
OF the subpoenas on Monday when the !
merits OF the case could be threshed .
out in full. Body attachments would .
not, therefore, be necessary. The Dis .
trict- Attorney said lie would consent
to this II Mr.. Battle would submit his .
motion papers to him by noontime to-
morrow. Mr.. Battle promised and the .
argument went over.