The evening world., 1911-12-05
Justice Scudder Overrules All
Motions to Have Charges
Dismissed.
TOWNS NOW COUNSEL.
Hearing Is Postponed Until
Thursday After Some
Scrappy Repartee.

to-day took on all the aspects OF a
snappy political fight. Before Justice
scudder ordered a recess Of the Queens
Supreme Court until Thursday morning
and directed all of the witnesses 10 be
called for that time. it vas apparent
that William willett jr.. Joseph Cassidy
and Louis 7. Walter jr. had determined
TO fight their foes to a finish In their
trial on the charge that they had cor
tuptly oonspired to bring about the
Nomination of Willett as Democratic
candidate for Justice OF the supreme
Court In the Second Department.
Mirabeau L.. Towns appeared to handle
the fight for the defendants. BY a
score Of angles he sought to have
the warrants dismissed on technical
grounds. Bland and sauve. Justice
scudder refused each OF the requests
for dismissal OF the charges. He left
the cases squarely upon the one Ques-
ton:
Did willett use money to secure his
Nomination."
Upon that issue the cases will be
tried. At the trial the defense prom
isss to show that a conspiracy was
for med for political purposes. Justices
1,oA alsky and Crane will be called to
say whether or not they refused to Is
sue warrants in the same cases. Dis
attorney Whitman and his as
~sistant. William a. De Ford. will be
called 20 testify upor. the contention
of the defense that the whole prose-
cutlon was based upon the charges of
two gamblers who had been raided by
willett. William Calder and +. II. ].
lra.La T. npuhlican laadera In nropk-
lyn. will be asked to tell what they
knew OF the political pot as 1t boiled
on or about the time of the November
election.
The defense, loudly proclaimed that
II was now out for a fight and that
81 would be hot from the start.
A large nun tber Of Queens County
politicians were present VIXEN the pre-
Iimlnary nations were called.
Nearly every SCI in the court room
had been taken half al hour before
Justice Scudder went to the bench.
Col. Alexander b scon. Dan Wallace,
Max d. Steuer and Abraham Levy had
ali been superseded by Miraoeau L.
Towns, who showed al the firing line
for all of the defendants. He started
things with a three barrelled motion
that asked:
First-That the recprds be cor
rected and the plea Of not guilty
be stricken out upon the ground that
such a plea could not be taken by
Magistrate who had no jurisdic-
ton to try the case.
S~econd-That subpoenas' be issued
for sixty witnesses. including all of
those who had testified diving the
cnvestigation.
Third-That the information up
on which the case hangs BIZ striok-
en- from the record on the ground
that the facts therein stated diu
not show that a crime had been
committed by any n
The latter was based oil the oounsel's
contention that the law OF Nav York
did not put any limit upon the amount
OF money a candidate for judicial ofice
might spend. Mr.. Towns urged that the
law contained the words 'ioth,sr than
judicial officers in its prohibi ZION Of
the use OF money for political pur-
poses.
Mr.. Towns asked whether Justice
Scudder had examined william ~. De
Ford and the other witnesses under oath
prior to Nov. l. Justice Scudder SAID all
OF the required things had been DOM and
that II the defense cared to 1t nught
enter an exception. The exception was
taken.
The Justice was eually prompt In
4. denying a motion to dismiss the war
rants on the ground that the Goa VT
had not acquired proper Jurisdiction
The Court also overruled an objection
10 the form of proceedings. Mr.. Towns
then said the information had beer'
submitted to the inspection of press
and that this was a violation OF law.
Justice Scudder buried this objection
without form.
Then Mr.. Towns moved to dismiss be-
cause a Grand Jury was In session at
the time the Justice heard the case. He
said the Grand Jury had the exclusive
right to institute inquisitorial proceed
ings. Justice Scudder replied that there
was no provision of law to sustain such
a contention.
The Court did sustain a motion to
strike out the former pleas o N the
ground that no defendant could be re-
quired to plead until arraigned for trial
That" said the Court, is a perfectly
proper motion and correctly states the
law. We understood 1t that way al
ready"
What Is the proceeding before the
court?' asked the Justice, after one OF
Mr.. Towns's speeches.
"If Your Honor would permit me to
read the things for which a judicial can
didate may spend money. ! could show
Your Honor that the limit In the second
department would reach 81 900, Co.," re-
piled Mr.. Towns,
"rhe question:" rejoined the Court. rs
whether Mr., Willett did pay 10 anybody
money to secure his nomination. and
that Is the question to-day"
There came some scrappy repartee,
and then an adjournment until Thurs
day morning was ordered.
Mr.. Towns apologized to the Court
for the effort made by former counsel
TO take the proceedings from the hands
OF Justice Scudder to Justice Kelly's
court by the habeas corpus route. He
said he had no part In the habeas
cnrpns case,
Il am perfectly willing" he added.
"to appear in this case before Your
Honor, either while In the chrysalis
49, % tba maoiotrata n - An tho fuI,.