New-York tribune., 1911-11-24
TRY TO D|SCRED|T COURT
Prisoners in Queens Judiciary
Scandal Surrendered by Counsel.
WRITS THEN APPLIED FOR
Justice Scudder's Colleague Re-
Dukes Attorneys, Terming Their
Action Most Unusual" :"

Counsel for William Wilett, jr., Joe
Cassidy and Louis T. Walter attempted tc
dscredit Justice Scudder Of the Supreme
| Court. yesterday by surrendering the mer
| to Sheriff Quinn of Queens County and
later applying FOR writs OF habeas corpus
| The men were paroled in custody OF coun-
sci for a hearing on Monday before Justice
Scudder as to the circumstances OF VIII
let's nomination for Justice Of the su-
preme Court. and Justice Kelly. from whom
the writs Of habeas corpus were sought
characterized the action as "a most un-
usual proceeding"
In addition 10 the warrants and original
information on which the investigation
was started there was also piled high or
Justice Kellys desk dozen or more copies
Of the testimony given by different wit
nesses in the examination before Justice
Scudder. Justice Kelly was plainly nettled
when Colonel Alexander s. Bacon, counsel
for Willett. announced:
Our point is that this information, sup
plemented by this testimony. is not suffi-
cient on which TO issue warrants"
IF a prima face case has been estab-
lished," returned Justice Kelly. 1T is not
necessary TO prove that a crime has been
actually committed. think the whole
thing should be referred 10 Justice Scud-
der"
As this was exactly the thing the defend
ants were trying to forestall. Colonel Bacon
argued
"All this proceeding is invalid. The oaths
taken before Justice Scudder were not
valid Here is case where we have a
grand jury investigation in public without
the grand Jury I was not allowed to ap-
pear and represent my client or examine
witnesses. There is no provision for such
a proceeding. He can't hold an indefinite
public hearing"
Justice Kelly did not agree with Coionel
Bacons argument To the contrary he held
that Justice Scudder could have held either
public or a secret investigation In his own
chambers TO find out If a crime had been
committed. It was only preliminary to the
issuance Of warrants.
Colonel Bacon then characterized the pro-
ceedings Of which the warrants were the
outcome as without warrant, unjustif1able
and un-Amerlcan.
This proceeding is before Justice Scud-
der" said Justice Kelly, land Is down for
a hearing Monday. I am bound 10 issue the
writ but It will not act az a stay Of pro-
ceedings"
Well il will act as a stay Of the pro-
ceedings," answered Colonel Bacon.
We'll II will not act as a stay Of pro-
ceedings before Justice Scudder, as far as
am concerned" replied Justice Kelly, with
emphasis. II am bound by law TO issue a
writ of habeas corpus whenever application
is made, but | want it distinctly understood
that this writ is not to be considered in any
way as acting as a stay of proceedings now
before one Of my collea CUES"
Justice Kelly then repeated this state
ment, and added:
This is a most unusual proceeding you are
taking, Colonel Bacon"
District Attorney Dewitt said he was
ready to proceed with the case at once.
Colonel Bacon was unprepared. He wanted
time to get ready, when Mr.. Dewitt sug-
gested that as the case was to come up be-
fore Justice Scudder on Monday an adjourn
ment be taken TO that date and the matter
referred 10 Justice Scudder Justice Kelly
was inclined to follow the suggestion made
by Mr.. Dewitt, but Colonel Bacon and
Dana Wallace. counsel for the other men,
strongly objected, and It was finally decided
TO have the hearing at / o'clock this after
noon. Then came the question of the dis
posal of the three defendants, who had been
surrendered to the custody OF the Sheriff by
their counsel After some talk they were
all paroled again in the custody of their
counsel.