New-York tribune., 1912-02-22
WHOLESALE EXCISE RADSCOURT ANGRY At LAWYER
Calls Conduct of Counsel for But
ter Men "DisgraCefuI."
REGRETS OF ACCUSED MAN
Franklin Taylor Disclaims 1nten
tion of Alleged Conspiracy
Implication.

Magistrate Murphy, presiding over the
public investigation into the high price OF
butter and eggs. poured out Walls OF wrath
yesterday on the head of Franklin Taylor
Of No. A Court street, Brooklyn counsel
for the New York Mercantile Exchange, be-
cause Mr.. Taylor gave out statement TO
the newspapers Tuesday evening virtually
charging a conspiracy between the District
Attorneys Office and the magistrate to pre-
vent the exchange from getting a square
deal while it is under public investigation
for conspiracy.
Mr.. Taylor admitted handing out mani
folded copies to the reporters in the court
room Of General Sessions in the presence
of Mr. De Ford, the Assistant District At
torney in charge of the investigation
81 want TO say that your conduct in CIV
ing that statement TO the press is disgrace
full" said Magistrate Murphy Further
more, If | were sitting in court IN whlch
had contempt powers wOul' declare you
in contempt of court. That article TO my
mind, was written with the clear ldea OIL
giving misleading information to the Pubic
Ii practically charges conspiracy between
the District Attorney, his assistants ana
myself, a sworn magistrate on the bench,
TO deprive these defendants Of their legal
rights. If the English language means any
thing, that is the only Interpretation that
fair minded man would give it."
well, Pm certainly surprised that your
honor should take that view"' exclaimed
Mr. Taylor, rather apologetically
Il cannot take any other view" rejoined
Judge Murphy. And 1 intend to call on
District Attorney Whitman to lay the whole
matter before the Bar Association. l re-
gard your act as disgraceful.'
Mr.. TAYLOR signified his desire to allay the
feelings of the court by making an explana-
ton. and the magistrate nodded for him 10
go on.
"The statement was handed out immedi-
ately at the close Of yesterdays proceed
ings, and Mr.. De Ford was standing close
by" he ventured.
and also Mr.. Taylor, before had ruled
on your question as to whether the Mercan-
tile Exchange, the people named here, had
right to be represented by counsel re-
minded the court.
That's correct" Mr.. Taylor replied.
Among other things Mr.. Taylor's state
ment expressed the opinion that the pub
lie didn't want any one-sided investigation
of the butter and eggs men,"
What is the source of your information
as TO what the public desires?" Judge Muir
ply asked
Mr.. Taylor explained that 1t was merely
his own opinion on that point.
Did you intend TO imply any illegality
OF action on the part of the court?'
Mr.. Taylor said he certainly did not
Then why did you publish such an Inn
plication?"
II meant 10 point out" replied Mr.. Tay-
lor. that If the law permitted these de-
fendants-my clients-to be brought here
as though under arrest and without the
right of counsel, the law ought 10 lie
changed have nothing to be ashamed ci'
but l do regret that your honor views my
words in the light in which you do. nave
nothing but respect for your honor emo
for the District Attorney"
Magistrate Murphy wasn't inclined TO let
the matter rest there. so he called on Mr'
De Ford to lay the statement before Dis
trict Attorney Whitman. Mr.. De Ford as
sured Judge Murphy that he believed MI
Taylor was actuated by an overzeaious re-
gard for his clients when he issued the
statement, but, nevertheless, he would re-
port the matter to his chief
After Mr.. Taylor and j. r. Rubin, AS
sistant District Attorney, had argued the
question of Mr.. Taylor's right TO cross-ex-
anime the witnesses from the exchange
Magistrate Murphy ruled that counsel had
no status in the hearings. The latter re-
piled that his only redress would be to get
out a writ of prohibition or mandamus
commanding the magistrate to issue sum-
mons for his clients. Mr.. De Ford declined
to adjourn the hearings for the accommoda-
ton of Mr. Taylor The next session will
be held Friday afternoon.
More documentary evidence was read
by Mr. Rubin. 1t had to do with the min
utes Of the quotation committee OF the
exchange, and the posting OF the daily
prices on the bulletin boards. II the Of
ficers of the exchange decide to waive ex-
animation in public hearings the case VIII
be taken before the grand jury