The evening world. [volume] (New York, N.Y.) 1887-1931, 1909-03-29
Vents Wrath in Court Against
Former Assistant While
Arguing Motion.
TEST "JOHN DOE" CASE.
Lawyers Refused Grand Jury
SubpoenaS Omitting Name
of Defendant.

District-Attorney Jerome. In tn,
Court of General Sessions, TO-DAY
threatened to ask the Grand Jury Il
indict James w. Osborne, his forme,
assistant The threat was the china,
of heated discussion with many per.
sonalities, which arose during an argu
ment over Osborne's refusal to obey q
subpoena to appear before the Grand
Jury.
Mr.. Osborne and Franklin Pierce
both represented by George Gordon
Battle protested before Judge Grain
that the subpoenas served on them
were illegal, as they omitted the names
of defendants in the matter under the
Grand Jury's consideration. Justice
Grain promised to decide upon briefs
tomorrow.
Fresh subpoenas were then served
with the details demanded supplied
whereupon Mr., Osborne again refused
to appear before the Grand Jury He
was given until tomorrow to furnish
his reason for refusal to Judge Grain
The set-to between Mr.. jerome and
Mr. Osborne this afternoon was the
second Of the day. This morning Mr..
Osborne and Franklin Pierce appeared
before Judge Grain to explain why they
had ignored subpoenas served upon
them to appear before the Grand Jury
last Friday.
They were wanted in connection with
the case against Mcdonald De witt,
who is charged with copying the min.
utes of the 1908 Grand Jury in con-
nection with the investigation OF the
Ice Trust. These minutes were in the
possession of Mr., Osborne, who had
been appointed Deputy Attorney-Gen-
eral to prosecute the case,
Says Minutes Were. Copied.
Mr.. Jerome stated tina, the pair had
been called for the purpose OF ascer-
tanning the identity OF the person who
was responsible for making public the
minutes OF the Grand Jury relative to
the investigation OF the Ice Trust in
1908 under the guidance OF James W Os-
borne as Deputy Attorney General. The
minutes furnished the basis for the
charges that were preferred against Je-
rome by the committee OF whitL Frank
lin Pierce was counsel.
II was charged Jerome told the Court,
that Mcdonald De Witt, in the absence
OF Mr.. Osborne, went to the latter's
office with a stenographer and was max
ing copy OF the minutes when Os-
borne returned and ordered them out.
De Witt and Mss Habby, the s;enog-
rapher were subpoenaed b,<5re tie
Grand Jury last Friday, when Miss
Habby testified that she had gone to
Osborne's office by Mr.. Perce's orders.
UphoIds John Doe" Hearings.
Mr.. Jerome told the court that unless
the District.Attorney's office could con-
tinue to operate by means OF John
Doe suDpoenas, where necessary, JUS
tice would be seriously clogged. He
said he recognized Mr.. Osborne's right
TO a copy Of those proceedings, but he
wanted Mr.. Osborne TO tell the Court
just how this information came into
the possession of Mr., Pierce.
Mr.. Battle said that II was only the
legality Of the subpoena that he was
questioning, He cited the opInion
handed down by Judge Ward in the
case Of The New York World that the
n & no inf oil ~ la
subject of information when sub
poenaed, Judge Grain then ordered
Mr.. Jerome to be more specific in his
charges and said:
Il hold the view that the situation
before Judge Ward was similar TO this
and ! will give you until o'clock to-
morrow afternoon to file your briefs in
the case. Then. within few hours,
viii give YOU my opinion
Mcdonald De Witt is attached to the
Office OF Clarence T.. Shearn.
Fresh subpoenas were served on
Messrs. osborne and Pierce this a.ter-
noon. and these contained the names OF
the defendants and the subject Of in
formation as well.
At one time the argument between
Jerome and Osborne waXed so hot and
personalities were SO freely INDUCED
In that Judge Grain interposed. In pro-
testing that he was the victim Of
Jerome's persecution. Osborne said that
he was not the first innocent man the
DisUiCt-Attorney had prosecuted
Jerome lcaped to his feet and de-
MED the charge, wherelpon Osborne
replied:
We'll, It only required fifteen minutes
for jury TO acQult Mr.. Scrugham last
week, and there are other cases just
as well known"