New-York tribune., 1910-01-18
HEINZE FIGHT ON
COUNSEL IN TILT.
Objection to Use of Layman
Before Grand JurY.

of a keen contest in which the stake was
his freedom from Indictment Judge
Hough entered the lists with zest. Henry
A. Wise. the United States Attorney; Felix
Frankfurter and Abel l. Smith were ar
rayed against John B. Stanchfield. Levy.
Rosenthal & Heermance and other coun-
sci, who were there to demur, and the
legal blows fell so fast and were so tell
ing that the court allowed three days for
the lawyers to file further papers and ad-
journed the further hearing for week
The first blow struck by Mr.. Stanch-
field was the production in court. under
subppnas, of the June federal grand jury
which found the indictment against F.
Augustus Heinze, Arthur p. Heinze Car
| los Warfield. vice-president of the United
! Copper Company, Heinze concern; Car
| vim Geer, clerk in the office of the com
| pany, and Sanford Robinson. who used to
| be personal counsel for Heinze Then he
| declared that the United States Attorney,
| contrary TO all precedent and law, had
| had a layman, John P. Fernsler, an expert
| accountant, before the grand inouisition
in the part of examiner
Mr.. Wise came back with a letter from
Attorney General Wickersham appointing
Mr.. Fernsler as special Assistant Attor-
ney General for that particular case This
didn't feaze Mr.. Stanchfeld, who began to
quote authorities to show That as Mr.
fernsIer was not a lawyer he had no right
to be in the grand jury room other than
as a witness.
MIR. WISE SURPRISES COURT
Mr.. Wise then made a commensurate
which made even Judge Hough look sur
prised Mr.. Wise read the following which
is Chapter 1886 of the Acts of the 5sth
Congress:
That the Attorney General or anv Off
Ger or the Department of Justice, or any
attorney or counsellor specially appointed
py the Attorney General under any pro-
VISION OF law, may, when thereunto spe-
clhcally directed by the Attorney General.
conouct any kind of legal proceeding
civil or criminal including grand iurv pro-
ceedings and proceedings before commit
tng magistrates. which direct attorneys
now are or hereafter may be by law an
thorlzed to conduct, whether or not he or
they be residents of the district in which
such proceeding is brought"
Mr Wise later, after Mr.. StanchfieId
mao read from an affidavit made by Mr..
Heinze regarding the grand Jury findings.
said that 1t seemed As If contempt proceed
lngs would be in order which called forth
retort from the counsel for Heinze. made
with great warmth, that this was an at
tempt to intimidate the grand Jury
IL was learned after the court had taken
the case TO await memoranda from coun-
sci regarding the statute that subpnnas
were outstanding in the case for witnesses
10 appear before the January grand jury,
and that the counsel for the ex-copper king
intended to contest this process.
Papers in motion to quash the indjct-
ment had been filed by TomIinson, Tomp-
hlns d Tomlinson, John c. Tomlnson an
pear1ng in court. but Mr. Stanchield's
papers took precedence as the former firm
OF lawyers had retired as counsel for
Helnze and papers of substitution of Levy
Rosenthal & Heermance had been handed
IN. Mr.. Stanchfield, after his brief had
been taken up to the court and accented
said that there was purpose of impeach-
ing the regularity or qualification of the
grand jury. But objection to the indict-
ment was made on the ground that there
had been a layman before that body and
| that undue persuasion had been used The
| jury had been called to prove his charges
LEGAL BATTLE OVER FERNsLER.
| The battle over Fernsler followed Judge
| Hough said that under the statute as inter
! preted by the United States Attorney il
| would be possible to appoint doctors, en-
| g1neers and so on to assist the grand Jury
| If that was consonant with law he had
! not heard of it, he declared Mr. Wise
| said that the act was wide enough to en-
| brace such appointments. It was nowhere
| required that a lawyer should be chosen
| He had taken the precaution to have a
man appointed according to the statute
| expressly for the Heinze case
Judge Hough said that the word at
| torney'' must have some meaning The
| States Attorney. but that would not make
| person so appointed q member of the
| bar. Mr.. Stanchfeld cited case in which
grand jury had been asked 10 testify
and the court had held that the United
| States Attorney had been overzealous. He
| was later removed from Office
| THAT proves that United States attor-
| neys are not all good lawyers said Mr.
| Wise.
Il am willing to concede that" was Mr..
Stanchtield's answer, with a smile.
The counsel for Mr.. Heinze, before the
| court asked for submission of memoranda
| oy tomorrow. read from the defendants
| affidavit, in which he said that from in
| formation acquired from several grand
| jurors and from witnesses who testified
| before them the United States Attorney
| had procured the present Indictment by
informing the grand jury that the previous
| indictment had been dismissed by the court
on account of mere technical error and
| that the present indictment was merely
correction of a matter of form, and fur
ther that the United States Attorney had
failed TO inform the grand jury that the
new indictment contained four different
alleged crimes in addition to those con
tanned in the previous Indictment and also
eight new charges based on facts alleged
in the previous indictment
MUST ANSWER ON MONDAY.
Counsel for the other defendants asked
for more time to answer the indictment
and Judge Hough set Monday as the dav
Tor pleading or the filing of demurrers
In statement issued by counsel for
Mr.. Heinze the charges in the indictment
are answered, and extracts from the lat
ters affidavit are given. He charges that
characterizationc by the United States AT
torney Of the securities and companies in
which the copper man was interested. the
alleged threatening of witnesses, the AL
legged inslnuating questions and the con
duct In general of the United States Attor-
ney before the grand jury were calculated
to do. and did do, him irreparable injury
and were pretudicial TO his rights He
further charges that the United States
ATTORNEY withheld teStip,op,, from, tba