The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-11-06
SECRET LEGAL SERVICES
nITTINGS DyDN'T GFT Tt>\ER
I>DItT WENT PhEON nor m


Whether inducing District Attorney
wh' has been hls law partner Ia pIaeon-
hol" an Indictment IL such - legal service
is entities N" lawyer TO a jId yment
against - client was raIs"d ~ a case
before the Appellate Division yesterday
IA which John e Cuttings. - prominent
attorney ~ Washington. u. 4, ~ III
lawyer and II " Blk"r uf IN" District
Il Columbia j. th" District Attorney.
Tn" Apv" llntN Division r.V"rs"r a JudS-
mont for s.. - Obtained NV Cuttings and
declares that Gi-uugs did not show that
he rendered thu services which h" con-
;rhct.d foG undrr Ms retainer.
The defendant named ~ Dayton i.
rlHn"r. also known as David Tanner.
who WAS indicted with one Frank :.
HomaH- IN Washington The testimony
shows tha' William Redman Hennig.
rtE.rwIs. known ~ Biz Mitt All. took
an ACTIVE part IN tn" pro r"'frnRs follow
ING the arrest of Tanner and Homans IN
Washington. although IN" was not involved
IA IN" events leading up :" IN" arrest.
Mr Cuttings testified that IN" story he
hoard WAS that Romans ana Tanner were
IN a CONSPIRACY to induC" u br Kemp Of
" ashingtOn to PIT mp Si.'sH IN an effort
10 hr'nk a certain FAR" bank IN New York
IN lSu7 H.. said tn"y led IL. Kemp 10
helicv" that Tanner had been the faro
a al"r IN a hiS gambling house IN New
Nurh and thai h" had had f1llnC out
with tn" proprietor and was wiling Ia
iell pr Kemp how he could MAKE tn"
cards roll ouT Of tbs. box At tn" last turn 50
that Kemp could break the bank. Tanner
and Hnmaus wont 20 Washington tn in
-trrC' Dr Kemp now TO work III" scheme.
bat Dr. k"mn told the polio" and Tanner
WIS arrested N IN" Hotel Raleigh and
Homans at N" Willard Tanner had
revolver Both w"r" ltrictC for common
law conspiracy and Tanner for carrying
: h, weapon.
Cuttings SAYS he met the two men some
time lft.rward AT 'hr request ot BIC NM
Bill HSunIG. who said he was ne repre-
sentative Of Tanner and loman- and had
authority To- offer So Jn for Citing
services bcCIrI-n Cuttings had been us
rriCt Attorney Baker, partner ten years
hofure and mi ghI be- able To have the in !
dictm.nts -uuelched Hennig gave Git /
tlug- 500 cash on account and when ,
GI;tInGr met Tanner and Romans later :
IN New York he told them that he Thought F
he could get tn" District Attorney I" ,
ri geonhole IN" conspiracy indictments
II the defendants would agree not to 20 /
To Washington again Tanner agreed - I
pay rh,. money and when he questioned ,
Tanners ability Tanner took him tn " hlte !
Plains IN an automobile and showed him !
a fin" hous. surrounded by elaborate
grounds which he said he. owned Cuttings I
then accepted the retainer he sud IL" |
hasn't been able To collect IN" other
s. since
TIL. testimony showed that Tanner
paid STA hH- for carrying a weapon.
but the District ATTORNEY agreed IN a
letter not to bring up IN" conspiracy
Indictment 80 long ~ IN" defendants re-
manned o,.t uf Washington Tanner dc"
MED that n" mad agreed 20 that arrange
n.nt and said that the only consideration
under winch tittIHg- wA= tn get ire s. 90
was to have. the indictments Gr.a=Hed en-
tirnlv NJ ~aid that his narne on a written
agreement to paw the additional 8?
To h. DauI-h.d from Washington Wa
forged
In the trial ii the civil case tho Judge
'hirE"d thar II Isnn"r never assenfed
To the plan then tn. LAWYER never per
formed ms Part Of tho agreement me-
rau-e the indictment It'll stands, and the
Appellate Division agrees that Cuttings
tidrf perform his original agreement
to have the indlC'mHnt pigeonhOled
Justice bowling. writing the Appellate
Division decision. -ay- that while u nav
we'll be thai an attorney IL entitled TO b.
Iali for -"rviC'- rendered 10 a client.
whether 'h"y result m conviction or &C
Jglf'Il an acceptance ~ plea in some
degree. 4 SUSPENSION If sentence or In
ole pro-. vet th.N are performed with
The end In yIaw Of an open and judicial
determination ~ Tho charges against IN"
defendant a.li -dif'Hr widely from such
e. are directed 10 obtaining some secret
'nnCs--ipn which results IN the su~pen-
lion Of criminal prosecution without any
1G'll" action and without IN" Irtervsn-
ION It m" Court