New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-04
PLEADS FOR RE|CHMANN
Lawyer Says Banker Was Forced
to Testify Against Himself
SENT BACK TO THE TOMBS
Justice Page Reserves Decision
as to Certificate of Rea-
sonable Doubt.

Criticising the means employed by Dis
/ ,rict Attorney Whitman to obtain the In
/ djctment Of Joseph b Reichmann. former
| president Of the Carnegie Trust COMPANY
and also excepting to some Of the rulings
| Of Justice Davis. who presided AZ heic"
mann's trial. Stephen c. Baldwin. counsei
FOR the convicted fnancier. argued yester-
day before Justice Page In the supreme
Court for a certificate OF Reasonable doupt.
After the argument Justice Page reserved
decision. Reichmann I'm the mean tirne re-
naming I'm tho Tomos under sentence OF iour
and 2 half months in the pententiary 1or
submitting a false report IN the state SUI
perintendent of Banks as tn the standing
Of the Carnegie Trust Company.
The purpose Of the certificate OF reason
able doubt is to have Reichmann released
on bail pending an appeal 10 the Appellate
Division Of the Supreme Court
Mr.. Baldwin declared that the constltu-
tional rights of his client had been invaded
when Reichmann was compelled 10 answer
questions before the grand jury which 1t
was Intended should incrimnate him, and
on which the indictment against him was
found He said that even after the indict-
he stood on his rights was taken before
Justice Davis, who directed him TO answer
some forty questions
This thing has never before occurred
in civilized country" said Baldwin.
Mr.. Johnston. Assistant District Attor-
ney, opposed the granting Of a certihcate'
and said that Rechmann. in falling TO insist
on his rights. even after Justice Davis
had directed him to answer the aHeeed
objectionable questions, practically waived
his rights He said Rechmann should nave
applied 10 the Supreme Court for writ
of haheas corpus and had the matter ar
gued there Justice Page did not seem
much impressed by this argument. saying
that he considered it a dangerous proceed
ing
Mr. Baldwin insisten that Reichmann had
been COMPELLED to testify under duress
This Of itself" argued the lawyer
would raise very serious question or
law. This is the first instance, 50 far as
! can learn, where a District Attorney has
attempted to obtain testimony after an
Indictment They question this defendant
i'm regard TO one of the transactions men
toned in the Indictment"
Another point made by Mr. Baldwin was
that the Carnegie Trust Company was IN
corporated under a special act of the Leg
islature and was not subject To all the
regulations that governed other companies.
He said that under the special charter or
the Carnegie company IL was required 10
report 10 the State Banking Department
only twice a wear. and therefore the quar-
terlv report. which was the subject Of the
indictment. was not required. Raichmann
knew nothing about the bookkeeping
branch Of the business. said the attorney.
in explanation Of the inaccurate report
made by him Of a transaction between the
Northern Bank and the Carnegie trust
Company.
Mr. Baldwin also thought that the ula'
Justice erred In permitting the District At
torney 10 read 70 the jury i'm Reichmann
trial a letter the late Charles 6. Dickin-
son. 2 former president Of the carnegie
company. wrote TO Reichnann. Mr.. BAD
uin sand the effect of this letter on the
i,,r,. was what convicted Reichmann. lie
said Mr. Dickinson was AT mat time
anxious 10 sell his holdings I'm the car
negie company, and told in the ietter OF
questionable transactions in the COMPANY
The District Attorney offered Two para
eraphs Of that letter al the trial. -fr. Bald
win said. and the jury no doubt inferred
that the practices spoken of in the letter
we're being carried on under Rcichmann
Mr.. Delehanty, another OF Mr.. WHIT
mans assistants. said that Reichmann had
a fair trial and that everything about
the case was regular. Justice Page inter
rppted 10 ask: How do YOU Justify calling
this man before the grand jury Mr.. Del
ebantv replied that after Reichmann plead
Cd not guilty 10 the indictment against him
no was called to testify i'm the case against
Charles n. HYDE, former city chamberlain.
Justice Page again interjected: But he
Was forced to give evidence against him
self"
"Onlv I'm a shadowy way" said the As
sistant District Attorney. "All this took
Mace after his Indictment lie did not IN
sist upon his constitutional rights
Justice Page asked in apparent aston
ishment: do you hold that because he
did not insist upon his rights he waived
those rights" The justice added that
man could not be compelled to furnish
link in n case against him.