New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-28
drop SUIT AGAINST BERR|
Democratic Judiciary Candidates
Say 1t Was a Mistake.
BACKDoWN STIRS BOROUGH
Brooklyn Publisher Asserts Incl
dent May Not Be as Near
Ended as 1t Looks.


"Eor the first time in the history OF the
I'd Judicial District the tainted toucn on
Tammany is laid on Judiciary TICKET
nominated her. The Democratic
neocle had nothinu TO do with these noml'
nations The candidates are boss nom'-
nees pure and simple, and, as to one OF
them, there is already a rumor Of shock
Ina scandal involving the payment OF
large sum OF money"
So "The Standard Union" OF Brooklyn,
said two weeks or so ago anent the nomi-
nation Of Surrogate Herbert T. ketcham'
! Patrick f. Callahan. Assistant Corporation
Counsel, and eX-Congressman william
Willett for the Supreme Court this rail- ana
these candidates did not dare press the
| charge OF criminal libel which they lndoe
against william Berri, publisher or me
! Standard Union" in consequence tearing
! to have their political sponsors and man
! ayers face the music of an examination as
to the methods and records involved.
Instead. they Withdrew the suit yesterday
! aDologizing IN letter TO Mr.. Bern that
It was a mistake and expressing sincere
regret" that the proceeding had been IN
sttuted
Are you going 10 crawl asked Colonel
william n Dykman. attorney for the can
dIdates. in the Adams street police court
Brooklvn. a week ago, following the arrest
! of Mr.. Bcrri.
THE responsible party is in court, re-
sponded Meier Steinbrink, Mr. Berris law
| yer. "and the defence is prepared 10 pro-
coed with this case as rapidly az posi-
| In the same court yesterday morning Jonn
| ]. Kuhn. Mr.. Dykmans law partner
stepped TO the bar when the case against
the publisher was called. and said In the
midst Of a GREATNESS silence:
Il have been instructed by the complain
ants I'm this action to Withdraw this COM
plant with the permission Of the court.
THE instructions OF the complainants'
exclaimed Chief Magistrate Kempner.
Yes, your honor" returned the lawyer
The court turned to Mr.. Steinbrink, VINO
handed him a letter II was dated
Brooklyn, October Is, 1911" and was ad-
dressed 70 the defendant Its message was
Referring to the matter Of the proceed
ings now pending i'm the magistrate court
wherein we are the compliments against
you. certain facts have been brought 10
our attention which make il apparent that
the prosecution was Instituted mistakenly
We now ION IN saying lHdl we aIilctl'lS -
gret having instituted those proceedings, or
having thereby caused you any annoyance.
We shall instruct our counsel TO terminate
the matter by withdrawal OF the proceed-
ings I'm court
The letter was signed by the complain
ants, Surrogate Herbert r. Ketcham, Pat
rick f. Callahan, Assistant Corporation
Counsel, and eX-Congressman William
Willett.
Court Dismisses Complaint.
! In view Of the statement Of counsel and
this letter." said the court, after reading
the paper, "the complaint is dismissed
The news OF the withdrawal Of the charge
spread quickly. Democratic politicians re-
ceived the news with something akin to a
gasp. People were soon talking about It
everywhere.
What does it mean?' they asked each
other repeatedly and yainly. Were they
unable to face the music, after they had
set things going?"
The questions were left unanswered.
Neither the compaiuants nor their attor-
neys were willing to explain.
The termination of the court proceedings
does not mean that the affair is closed.
The effect OF the withdrawal Of the COM
plants IL expected 10 have big influence
on the voting next month. Mr.. Berri is not
altogether satisfied with the outcome. He
said yesterday:
1t may not be as near ended as it looks
The termination is a very distinct disap-
pointment TO me. l am not talking with
any desire for effect. We prepared All ex-
traordinary defence. 1t would have been
impossible 20 get away from IT. Our law
| GCfJ o,I
day There has been so much effort ia it
that 1t will be readily seen that this is
great disappointment to Mr.. Steinbrink and
myself. | understand there were l22 sub
ppaas served, which We're not confined 10
one point OF the case, but took i'm many
If the advice the compainants have now
taken had been taken before IT would have
been much better for them. Now they have
been advised right. The termination Of this
proceeding Is absolutely without conditions
Of any kind
AS to Possible Future Action,
Mr.. Berri has left possible future action
| entirely with his attorney, Mr.. Stenbrnk.
Regarding such future action the lawyer
said last night. Il do not know at this time
II anything will be done"
The reporter asked if a legislative inves-
tigaton might be brought about, but the
lawyer was obdurate.
II can't answer that at this time" he re-
piled.
1t was a week ago yesterday that the
three Democratic judiciary candidates ap-
peared at the Adams street police court
and entered Chief Magistrate kempner's
private office. There Surrogate ketcham
swore out complaint against Mr. Berri,
basing his charge of criminal libel on an
editorial which appeared in THE Standard
Union" on the previous Wednesday after
noon Mr. Berr was informed and APP
peared at the court, submitting to arrest
under warrant issued by the magistrate.
The examination was set down for the fol-
lowing Monday and the prisoner was pa
rolled i'm the custody of his counsel
On Monday Mr. Steinbrink had sum
moned most of the leading Democrats Of
BROOKLYN and also collected a mass of
documentary evidence. \ great crowd had
assembled ut the court. The vigorous steps
in defence had already had their efe II.
The word began to so the rounds that the
Democratic leaders were getting scared.
Mr.. Steinbrnk appeared suspicious when
Mir. Dyckman asked for all adjournment,
and insisted that the case which had been
started Just before election, should be fin
ished before election. Mr. Dykman gave II
as his opinion that the case should await
settlement until after November The
court finally granted the adjournment TIL
yesterdav None of the big leaders We're on
hand Yesterday. as word had passed that
the case would not go on. The hearing was
over ln a few moments.