New-York tribune., 1910-06-10

| IOQal StdIucIS de5d44I1O tlAS N~-NJ -
York,
The investigation of the so-called
white slave" traffic in this city by the
grand Jury of which John D. Rockefeller
ir.. is foreman. was marked yesterday
bv heated controversy between Mr..
Rockefeller and Judge O'Sullivan, Of
General Sessions, as to the acceptance
bv the court of a presentment dealing
with the subject of the investigation.
District Attorney Whitman took part
in the discussion. during which Judge
O'Sullivan pounded his desk, and at one
time refused to permit Mr.. Rockefeller
to talk.
Tudee O.Sul1ivan refused to accept the
document offered by Mr.. Rockefeller un-
til he had had an opportunity 10 eA-
anime il. and adjourned the grand jury
fnr two weeks. in which interval ne IN
strlIcted the foreman to confer WIN MIL
Mr. Rockefeller later headed a commit
tee of three from the grand jury. winch
called upon Judge O'Sullivan IN MS
chambers. but refused to display the
nresentment. It was reported that the
grand jury had unanimously voted aIter
the scene in court. to refuse to give the
nresentment to Judge O'SulIivan except
in omen court. as originally planned
Presentrent Kept Secret.
u-L+ the nrAsentment contains is
known only to the jurors. District AT
tornev Whitman said last night that ne
did not know its contents, but oeneNeu
Judga O'Sullivan had made a grave mis-
take in refusing to receive the grano
irrv,s report of its findings. He referred
to Judge O'Sullivans charge last Janu-
arv when the grand jury began It's IN
vestigation.
In view of his instructions at that
time quoted above, Judge OSuIllVah
nosition caused considerable comment
about the Criminal Courts Building.
The controversy began when the grand
i,,ry filed into court and Mr.. Rockefeller
cold that il had finished its investiga-
tion and sought to be discharged. Jhen
he offered the presentment, or report OF
it's work. Judge O'Sullivan eXpresseo
his surprise.
THE work which the grand jury has
been doing is of such nature SAID
the Judge. that the court must UNDER
stand. before ii receives anything IN the
nature of a presentment, something Oh
the character of that document
He then ordered the grand jury TO ad-
io,rn for two weeks, and told Mr..
Rockefeller. as foreman. or comhlltIee
of the grand jury to confer with MIN OF
District Attorney Whitman before the
acceptance of the presentment. MT.
Whitman interrupted to say that he
would not look at the presentment Until
il had been filed.
Mo Riaht to See It, Says Whitman.
81 have no right to see it before It IS
filed unless the grand jury instruct me
or ask me TO see it." he said. 1t can
he amended or expunged from the rec
ord only after it has been filed IN the
manner prescribed by law Ny sugges-
ton would be that it be filed to-day.
"Ru+ II cannot be filed until it is ac-
cepted." replied Judge OSullivan, and
7 will not accept the document as a
nresen+rnent until I know its contents
while there has been one line Of in
vaetieation submitted TO this grand
tprv 7 understand that it has gone off
into different lines, investigating mat
+ere of a kindred nature, but whether
they are relevant to the question sub
roit+ed the court does not know"
"WeIl. I want to make my position
clear" said Mr.. Whitman. With all re-
snact to YOUR honor. the only way that
,-o, can examine this presentment,
which represents the deliberations of the
grand Jury, is to allow the presentment
to be filed.
"T do not understand that you have
rieh4 n see it until it has been filed. The
deliberat ations of the grand jury are sa-
cred When the presentment is filed.
tban the court and the District Attorney
and the public have the right to know its
contents, and then I am willing to go
over it"
Judge O'Sullivan replied that he would
insist upon knowing the nature of the
nresentment before accepting it. Mr..
Rockefeller refused TO turn il over to
him or indicate it's contents.
VIII you allow the foreman TO state,
vour honor. that there has been no
began Mr.. Rockefeller.