New-York tribune., 1909-03-30
LEGALLY SUBPOENAED
COURT UPHOLDS JEROME
Osborne and Pierce Defed Sum-
monses to Tell of Jury Minutes.

Judge Grain, in Part I. General Sessions JTph.,a
John Doe subPoenas yesterday. They were attacked
by George Gordon Battle. whose two clients Jane.
w Osborne and Franklin Pierce. had refused 70
answer when summoned before the grand il1rv &,
Mr. Jerome's investigation to learn how the grand
jury minutes in the ice inquiry came into the nos.
session OF the King committee. Of which Mr P1s-e.
was counsel This committee attempted to oust
Mr.. Jerome from office.
The two lawyers were in with Mr. BattI.
and at one time Mr.. Jerome said that he thought
he would ask for indictments for criminal con-
tempt Of court The form OF the subpcEnas vas
changed in the afternoon. Mcdonald De Witt being
named as the defendant. and the upshot OF the
days proceedings that Mr.. Jerome and Mr.
Battle will file briefs TODAY.
In the morning Mr.. Battle said that Mr. Osborns
had the right to use the grand jury minutes. and
was responsible TO himself. he had the powers OF
the District Attorney in the inquiry Mr. Pierce
he said. was responsible Attorney General IL
he used the minutes. and to the District Attor-
ney- Then Mr.. Jerome said that he supposed Mr.
Osborne did not wish to appear because he did nor
wish incriminate himself Mr. Battle inter
posed heatedly. saying that Mr. Jerome had said
at first that the proceedings were against the two
lawyers.
MI Osborne took a hand at this point All they
wanted, he said was an opportunity 10 answer
Judge Ward had declared that the John Doe form
OF subpoena Illegal.
An innocent man should not Re afraid to tell
what he knows to the grand jury when crime has
been committed" Mr.. Jerome said
Many innocent man has been accused by you
and prosecuted cried Mr.. Osborne
Name one,' snapped Mr.. Jerome.
''Scrugham," answered Mr. Osborne as sharply.
The new subpoenas served after the morn
ing hearing. and Mr.. Battle into court with
his clients and admitted service. saying that hiI
clients refused obey. Judge Grain wanted to
know the reason
because we believe this Is a prosecution inst-
tuted by the District Attorney against Mr. Osborne
and Mr. Pierce" said Mr. Battle. The subpoenas
are Illegal and void Our appearance Is to oppose
what I presume Mr. Jerome will make, an apptca-
ton for the attachment OF these two men"
No said Mr.. Jerome Il don't think will
think will ask for an Indictment for criminal con-
tempt OF court.
When Mr.. Battle said that the proceedings were
altogether extraordinary. Mr. Jerome said that they
not nearly extraordinary as the action or
Mr.. Pierce and Mr. Osborne
No question IL involved" the District At
torney declared. There is no dispute as TO the
service OF the subpcenas- These gentlemen would
like to get arrested. get habeas corpus pro-
ceedines delay the investigation and pose mar
tyrs: but IL Mr.. Battle thinks that Mr. Osborne
would ncriminate himself by appearing, I would
willingly withdraw the subpcsnas'
Mr Jerome denied that he was trying to get a
record TO send to the Governor. Mr. Battle then
declared and said that so far the first subpenas
were concerned IL the John Doe form was not al
lowed he whole criminal procedure would have
TO be changed. Judge Grain then said that he
would uphold the John Doe form. Mr. Jeronns
called attention the new subpOenas, and Judge
Grain wanted to know why that did not settle the
whole question.
Because Mr. Osborne and Mr.. Pierce are in con-
temp. for not answering the first suoptenas, NJ
Jerome said. and left the court
IN tell you why. M Osborne shouted after
the retreating figure OF the District Attorney III
tell you why I don't obey this subpoena don't
trust him II Is because think he is unfair"
Judge Grain said. after Mr. Jerome had left that
nothing had been shown invalidaJe the subposnss
snd that could not take into consideration any
accusation OF improper motives OF the grand jury
Mr. Osborne said that he did not accuse the grand
Jury but that he accused the District Attorney OK
unfair conduct. The briefs will be fled to-day