The sun., 1910-06-15
JEROME REFLECTS ON GOFH
ROSALSkY ORDERS REMARKS
STRICKEN FROM RECORD.

Counsel foF Indlrtesl Poultry Men sass ths
Justice ONeFruled nemugrer Wllbout
Reading q Throagh-Case GolAH
10 Trial On lmpnEned lnaletment.
WI Jerome " a. arguing In the General
Sessions yesterday for the postponement
Of the cases against eighteen members
Of the poultry trust whom he repre-
senis. His clients are commission men
and he has been endeavoring 10 get the
cases Of the wholesalers separated from
those Of the smaller dealers. He said
than Il seemed singular 70 him that the case
should be singlod out for such remarkable
activity and he asked the Court that Il do
him the favor Of examining the demurrer
first fled in the case
The learned supreme Court Justice
presiding when the demurrer was sub
mitted did NOS even extend TO counsel the
courtesy Of reading the demurrer through
before he decided adversely on IL said
Mr.. Jerome Now have had occasion
Ia confer with the learned Assistant Dis
trict Attorney whose business it Ia TO draw
these indictments. and want TO say that
u the Court cares 10 consider anew that
demurrer. and the Court takes the trouble
10 read through the demurrer ~ originally
inierpoaed in connection with the insiict-
ment. II will give any court that will take
that trouble very great pause. apart from
the questions that were raised here. iG
that demurrer Ia not good II this indict-
ment Ia not multifarious and demuTTable
because In conflict with the code in the
respects contained In the original de-
murreT filed. ! am very much mistaken.
| am Of the oTinioh that u 10 mnltifariOus,
aud that 10 the opinion u a number Of
other attorneys who have examined IL, and
even in the District Attorneys Once il
has bseN said that IL is open to grave argu-
ment on that question
And I suggest. II the Court please. that
the demurrer has been passed upon and
IL no longer proper subject Of discussion
here said Assistant District Attorney
De Ford.
-No, Il Is not in question here now.
hat | think this court Y not King 70 be
trihed with repiicd Mr. Jerome. and
~ NNNA KlNlAA NlANWAAAN ANE MNRAA8AAA " - hNAAA
on an indictment that u knows not 90 hs
good; and I merely suggest the careful
examination ~ the demurrer. though
the harmed Justice before whom Il vas
presented did rot take the trouble % care
fully Rad u through
4 think, Mr. Jerome. that your remarks
~ to the learned Justice who passed
upon the demurrer are entirely out oe
order and must he stricken from the
record said the Court. i know that
Justice GOn has had vast expeFionce
IN thrt class ot Gases. My recollection
IA that ~ IN Aaeistant District Attorney
under Col Fellows. Justice Col prose-
cuted some of the principal conspiracy
Q ses; a. Judge of this court he pre-
sited at the trials Of some of the most
import1nt conspiracy eases. His great
lez I burning md large experience in
criynilrl csseH, End particularly IN cases
OF this On, raotsr. leld me h the eonciu-
sion thnt he was tanii vi h the indict-
ment and with the ferts seted In the
demurrer aud that his ruling thereon
VS. not - pefunctorY ns you claim it
wrs"
Il because he ci1 not read u before he
decided e. rejrlnsd Mr. Jerume
4 presume n "a JudVe IlnsllskY.
-thct h9 coDoluded that the Indictment
10 valid indictment. ! hive read this
indictment and Il seems 10 me that the
no der follqSRd indictments n a similar
chr eter that wers drawn during yOur
sdu initrLti1n Il u framed plnng tho
same lines - the Indictment IN tho ctkes
of the lAeople " KEw a Erlanger and the
People W Duke
Mr. De Ford - ii that the reas0n the
indictment WIS being pressed Wis th-t the
def sndants were the hig fellows. rnd tt
was the nolicv ~ the present gfministrt-
ti1n g 20 after the Zig unes. Tie added
turt nerhaps those views did not csin-
eide y ith the views q the former district
Attorney ana he presumed th.t they did
not
rhe c,se was put over until some time
IN the frll perh"ps In ths litter part
~ September The exact dr.te wis not
set, a. no one In court knew when the
Jev-irh holidays would core. and mOtt
of the eighty eight men indicted are
naaHHaah