The evening world., 1911-04-22
Proceeding Under Sections of
the Code Relating to Bribery
of Public Officials.
BANKERS MUST TESTIFY.
Present Inquiry Has No Con-
nection with Charges on
Which They Were Indicted

That DiStnc.-A.torney whitman IL
proceeding against CITY Chamberlain
Hyde IN a perfectly legal was
made evident by his statement 20 SUI
prems Court Justice Davis that tie tes-
timony OF William j. Cummlns and Jo.
seph b.. Reichmann, the two indicted
of1ciais OF the Carnegie Trust Com
pany. was being sought under section
ISL OF the Penal Code.
Here Is the law upon which Justice
Davis ordered Messrs. Cummins and
Refchmann to answer the questions
propounded by Mr.. Whitman:
"Onondcr a competent witness: A
person offending against any pro-
vision OF any section OF this chapter
relating to bribery and corruption
Ia a competent witness against an.
other person 50 offending, and may
be compelled 60 attend and testify
upon any trial. hearing. proceeding.
or investigation. in the same man.
ner as n other person. But the
tebliiboHS 81 gwen snail INl w uStu
In any prosecution or proceeding.
civil or criminal, against the person
so testifying.
Witnesses P~rc,,ctsd.
"A person so tes.ifying to the CIV
ing of a bride which has been ac-
cepted. shall not thereafter be liable
TO indictment. prosecution. or punish
ment for that bribery. and may
plead or prove tho giving of testi-
mony accordingly. in bar Of such
an Indictment oil prosecution"
A lawyer explaining the position o.
the District Attorney said:
IL Cufnmins and Reichmann are IN.
dicted upon any testimony which they
are O giving 10 the Grand Jury II
they might be able TO claim Immunity
or the indictments so found might b,
set aside beca6se procured upon self
discriminating testimony.
But the two officers ot the Carnegi,
Trust Company stand indicted upor
testimony In another proceedln: nat
the giving Of their present evidenc,
cannot be utilized TO their disadvan
tage upon the trial of the indictment,
already found. These are separate
and independent proceedings and thei
testimony against City Chamberlain
Hyde is not giving testimony sgalns
themselves.
That Cummins and Reichmann ar
guaranteed absolute protection f-or
n testimony which they may give 4
A criminal action rr~oSccC.-l :! tn
psopls of the tate OF Few yorI
against Charles X. Hyde is saowu E
Section ISL"
Law Relating to Bribery.
Here Is section so OF the Penal Cod
which relates 10 h crime Of receivin
a bribe:
"Oficer Accepting Bribe-A ju-
dicial officer. a person VINO exc
cutes any OF the functions of a
public ONCE not designated in
Articles l24 and 10 and in Section
2,s2O Of this chapter, or a person
employed by or acting for the
state, r for any public ofaosr IN
the business OF the STATE, who
/ asks, receives or agrees to receive
4 bribs, or Any money, property or
value Of any kind, or any promise
or agreement therefor, upon n
agreement or understanding that
his vote, opinion. Judgment. action.
decision or other ofioial proceed
ing shall be Influenced thereby. or
that he will dc or omit any act or
proceeding. or in any way neglect
or violate any oflcial duty. is pun
ishable by Imprisonment for not
more than ton years, or by u fine
} of not more than 5000. or both.
, conviction also forfeits any
! ONCE held by the offender and
forever ~disaualihes him from hold
! ing any public office under the
state"
$ SCOTS at indictments,
stephen g. baldwin. attorney 1
Cummins and Reichmann, when Sc
AT No. % Remsen street. Brooklyn,
day and asked IL he would sc
immunity for his clients because of tn
J going before the Grand Jury said;
tina, has not been determined.
am not going to give away my ca
. There are eleven indictments pendi
= against Cummins. and five again