New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-03-29
HYDE GETS OUT WRIT
Of HAbEAS CORPUS
A Move to Avoid Trial Before
Davis, Who Sat in Cummlns
and ReiChmann Cases.
LETTER EXPLAINS ACTION
Decision May Not Be Made in
Time to Permit the Justice to
Preside-Ex- City Cham
berlain Paroled.

Charles Hiram Hyde, former City
Chamberlain, stuffed off his $500 bail
Yesterday i'm a wholly new and surpris-
ing move to dodge coming to trial before
Justice Vernon NJ. Davis. His bonds
man surrendered him to Wardon Fallon
counsel, proceeded to Brooklyn with a
petition for writ of habeas corpus,
which he presented to Justice Wood
ward. in the Appellate Division there.
Justice Woodward granted the writ,
called Hyde to court and paroled him in
the custody of his counsel pending the
argument on Saturday morning
1t was Immediately after Mr.. Hyde
had read i'm The Law Journal that the
Appellate Division had assigned Justice
Davis to preside over the April term Of
the Criminal Branch of the Supreme
Court in New York County that he
started his little man9uvre. In the
ordinary course Of events Justice Davis
will convene court on Monday and call
the Hyde case, the first on the calendar
If, i'm the mean time, Justice Woodward
has dismissed the writ of habeas corpus
Hyde will have TO appear before Justice
Davis or get a stay pending the appeal
Of his motion that the writ be sustained
1t is not expected, however that JUS
t!cc Woodward will have decided
whether to dismiss or sustain the writ
by Monday, I'm which case Hyde will be
i'm the custody of Justice Woodward S
court. and can only be summoned before
Justice Davis by bench warrant.
If Justice Woodward should sustain
the writ on Saturday District Attorney
Whitman would take an appeal to the
Appellate Division, but whether this
would keep the Hyde case from coming
TO trial is a question which neither side
cares to answer beforehand. 1t is
understood that the Hyde cohorts will
consider the sustaining of the writ of
habeas corpus as equivalent to the
quashng of the Hyde Indictment for
bribery. but District Attorney Whitman,
on the other hand, says that action on
the writ will not affect the Indictment.
Hyde Writes to Whitman. ..
All doubt as To the purpose of this
latest move Of Hyde is set at rest by
this letter written to District Attorney
Whitman by the former City Chamber
lain on March Il.
Sir. | beg to notify you that | am willing
to stipulate that the appeal to the Court of
Appeals from the order Of the Appellate
Division affirming the order denying my
motion to change the place OF trial in this
case be Withdrawn, provided the case is
not moved again before the January term,
.presided over by Mr.. Justice Davis.
That term would have ended naturally
on January q according to Rule OF the
Trial Term rules So far as actual husi.
ness before il, II should have adiourned
Davis has been actually holding court else
where ever since February g. under as.
.igument by the Appellate Division. and is
a assigned to duty continuously In other parts
of the court for the entire court year
For reasons which | believe are perfectly
Judge DAVIS While | would great deal
rather not state these reasons, because |
do not wish 70 In the slightest way reflect
upon any fudge or the administration OF
Justice Of this county, | shall state them
II YOU SO desire.
\ regular criminal term is now being held,
and | shall as before stated. withdraw the
appeal and be ready TO so TO trial on two
DAYS notice. prov idcd the case is moved
before the regular March term. For that
matter ttdrc are eighty-two trial judges
In this state, before any one OF whom this
Continued on second page.