New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-18
WHITMAN GETS DELAY
IN TRIAL OF HYDE
Scores Point in Plan to Have
William H. Cummins's Case
Come First.
SHOWS INGRAHAM'S ORDER
Prosecutor Springs q Surprise
When Elk. Chamberlain and
Counsel Appear Before
Judge Grain.

When the case Of former city Cham
! berIain Charles ". Hyde. who rs unoer
indictment for bribery. was called yes
terdav in General Sessions, to which it
| was transferred last Friday from the
Supreme Court by Justice Mccall, DIS
trict Attorney Whitman presented an or
der from Justice Jngraham uf the APP
pellate Division. staying all proceedings
in tho case pending the determination OF
an appeal from Justice McCalis order 10y
the District Attorney.
Tho appeal will probably be argued in
October. In the mean time William n.
Cunimins. whose indictment. like that of
MIR lIvde. grew out Of the Investigation
Of the affairs Of the Carnegie Trust Com
panV, may be placed on trial, according
To the plans Of The District Attorney.
The former Chamberlain and his cuun-
sci. James W. Osborne. were In Part
of General Sessions early, the "ase hay
ing been placed upon the call calendar
for assignment to part of the court
for trial. Both were in high spirits over
Fridays victory IN the fight tp force
an early trial.
They apparently had no knowledge
that on Saturday morning District Al
torney Whitman had jourueyed 10 the
summer home of Justice Ingraham, at
Bar Harbor Me. where he had presented
an argument for stay. The informa
ton that he had secured such stay
came when Mr.. Whitman banded Justice
Tngrahams order 10 Judge Grain, who
presided. Both Mr.. HYDE and his coun
sci showed their surprise at the turn Of
affairs and left the courtroom hurriedy.
4 never heard Of such an order In my
life remarked Mr.. osborne to no one in
particular, as no emerged into the cor
ridor and descended In an elevator with
his client
Mr.. Whitman. as happy as Messrs.
HYDE and osborne werc Chaerined. made
20 comment to any ono save Mr.. Buck
ner Assistant District Attorney. u
sounded much like the remark made to
Ny. Whitman by stephen = Baldwin
last winter at shat time counsel for
Hyde. when he handed to the District
Attorney an order from Governor Dix,
which was afterward recalled. transfer
ring the carnegie Trust Company In
vestigation to the Attorney General. At
that time Mr.. Baldwin said: Il guess
that1l hold YOU for awhile
District Attorney Whitman refused 10
discuss the case later in tho day. Judge
Grain summed up the situation in ono
sentence.
This case" he said, in Diminishing the
proceeding. remains in statu quo"
The affidavit upon which Justice In
motion for a stay alleges that Justice
Mccall had no power or authority ~
grant the Application or motion or 10
make an order transferring and remov-
ing the indictments from tho Supreme
Court To tho Court Of General Sessions"
In 1t, MIR. Whitman states that he
called tho attention o1 Justice Mccall
II the sections of the code ~ Criminal
Procedure relating to the matter, and
alleges that his decision Is erroneous
under the Law and the statutes and
that tho Indictment was unlawfully re-
moved 10 the said court If General Scs-
sions." referred "a as AN inferior
court" II is pointed out i'm the sfti-
davIt that Justice Mccall Was assigned
to hold the Trial Term. Fart !. Of the
srnrene Court. during the june term.
tai1. and Inc affldavit continues
! IJo ras not sitting 80 court nor holding
court at the time he rendered me atore
aaid decision on July II. 1911. nor AZ the
ZINE TN fntrc vac nladc III the minutes
The Iuno term Of the court had adlourneo
ara Justice Mccall vas not then perform
inc the functions of tho court, but was
merely d Justice ont Of court.
n is submitted that "thc public int"r-
este ronnirc that the indictment against
tho said hyde he tried in the Supreme
Court i'm which it was found and pre-
sonted."