New-York tribune., 1911-02-03
SWAMI WOULD SEND 4,
JEROME TO PRISON
Will Punish Former Prosecutor
for Contempt if Certain He
Knew Reporter Heard Speech.
JURY EXPRESSES ITS ANGER
Robins Plea of Not Guilty Or.
dered by Court After Lawyer
Refuses to Allow Him to
Plead on Ground of Insanity.

Judge Edward Swami. OF General Ses-
| sions, who was severely criticised by
William Travers Jerome. former District
Attorney, at a meeting OF the Academy
| OF Medicine on Wednesday night for his
conduct OF the proceedings in which
Joseph c. Robin was declared sane, said.
| last night that II he could obtain GER
| tain evidence bearing upon the report OF
Mr. Jeromes remarks, he wosild sentenre
him to Jail for term for contempt OF
court. Until Judge Swami had made
| this announcement. It appeared that Mr..
Jerome had carried the day In tilt
| with Judge Swami SO far as any retrac-
| tion Of the alleged statements was con.
cerned.
When told by Judge Swami In couro
that he had been credited with calling
the proceedings at the Robin insanity
| hearing "a travesty OF Justice Mn
Jerome replied that while he did not usa
those words, they conveyed his meaning.
No reference was made specifically by
| the court TO tho report that Mr.. Jerome
had called him "half baked Judge, Udlo
| holds Office by grace Of Charles +. Mar
phy." or TO the Jurors who declared
| Robin sane as "ragtag jury" Mr..
Jerome said he didn't know there was
reporter present until after he had
spoken. but added that It wouldn't have
made any difference; that he never said
anything in private that he was afraid
TO state in public"
| eff IL can bo shown TO me- that Mr..
Jerome knew that a reporter was pres
| ent at the time he made his speech.
taking notes for the purpose Of publish
ing the speech, will act so swiftly that
am ashamed TO tell you what will
happen" said Judge Swami TO a group
| of newspaper men. 'lf 1T can be shown
| 10 me that he knew these facts. there
won't be any fne--I will give you his
| cell number.
"As it is at present. without this EVIL
dence, there is no way in which he can
be punished for contempt 1t has been
held by the highest courts that the de-
nunciation of a judge may he libellous.
hut IL does not come within the statutes
defining contempt A famous English
,urist has held that disappointed liti-
CANT and his attorney may retire to the
nearest tavern and cuss the court
Desire TO Punish Mr.. Jerome.
"r did not want to do anything that
would he unwise in these proceedings
7 discussed the matter with my asso-
cjates 10 determine if there was not some
method by which Mr.. Jerome could be
brought 10 account. since he has so often
abused Judges. But apparently he has
studied the question very carefully 50
that he knows just how far to GO
"Anv attack in the presence Of the
court or disobedience Of its mandate or
the wilful publication Of inaccurate re-
ports of the proceedings constitutes con-
tempt. I particularly asked Mr.. Jerome
II he knew his speech was 10 be pub
lished. to settle this question lie SAID
he didn't know it was TO be published
until subsequently.
"r have sent for the reporter who was
there. to learn whether Mr. Jerome knew
he was present for the purpose Of get
ting an account OF the speech IN ques-
ton"
: Judge Swami quoted court decisions re-
rating 10 the status of expect testimony
rointing out that it had always been
hold that a Jury should approach con-
eideration OF the testimony Of experts
"vith caution. if not with suspicion
"rf there was any dereliction on my
rart said Judge Swami. "it might have
been because l did not charge the jury
to that effect
7, WAS when Mr.. Jerome. appearing as
!, counsel for Robin, walked into Part
} If General Sessions that Judge swami
referred TO the criticism of the COURT
,urv and insanity proceedings in general.
Afr Jerome refused to permit Robin to
n,ead on the ground that he was insane.
, THAT matter has been disposed or
and this man declared sane SAID Judge
caapn you were present and had
rrortunitv as his counsel to object to
anv part OF the proceedings
Mr. Jerome said he attended the pro"
o.ed,rgs as a friend Of the court ana
! not as counsel loI iN'"i''
"yvben did you think your duties as a
Friend 70 the court ended?' asked Judge
Swami
"yyben the court assigned me as coun-
60, after the proceedings had ended re-
, piled Jerome.
"Um YOU kindly state. Mr.. Jerome.
wherein YOU believe the court was der
e,ict at the proceedings by which this
non WAS declared sane?" asked Judge
swann. calling upon the jurors who de-
!, o,aod the issue to listen 10 Mr. Jerome's
, explanation
81 told your honor that had other
,,.reeses. but YOU intimated that you
,.ra satisfied, so that | did not call for
cha testimony OF alienists and laymen
ubo were in position 10 supply further
Information on the question at issue.
raplied Mr.. Jerome. and read of the
,ar,es of thirteen aienists. including
the Ave who testified at the hearing that
; Robin was insane
"I-nder the statutes" said Judge
Swami. Il need only to have called two
auenists. but FIVE testified. Do YOU hold
that the court was derelict because II
did not summon all the alienists in tho
United States?"
NO. sir" was the reply. but hold