New-York tribune., 1912-04-03
HYDE CASE IS ARGUED
Steuer Draws Sharp Rejoinder
from Justice Ingraham.
COURT RESERVES DECISION
Justice Woodward, by Counsel,
Defends His Action on Writ
of Habeas Corpus.

chamberlain. who Is under indictment for
bribery, came before the Appellate Div-
sion Of the Supreme Court Yesterday IN
the form Of a three-sided argument on
Jurisdiction Justice Woodward of the Ap-
pellate Division. IN BROOKLYN. has issued
writ of habeas corpus. the effect of which
was TO prevent the trial of Hyde before
Justice Davis. before whom, Hyde had con-
tended. he could not have a fair trial jus
tice Woodward was restrained from hear
ing argument on the writ Of habeas corpus
last Saturday by writ Of prohibition from
the Appellate Division in Manhattan ON
the application of District Attorney Whit
man. The argument yesterday was for and
against making permanent this writ of pro-
hlbition.
The trial of HIDE was adjourned on Mon
day. when it was called before Justice
Davis to await the decision Of the higher
court. Justice Woodward was represented
In court yesterday by Frederic r. Cou-
dert to insist on his jurisdiction in the
case. and the constitutionality of his act
in entertaining the habeas corpus proceed
ing.
During the argument OF Max d. Steuer.
counsel for Hyde the professional zeal ct
the attorney brought forth a warm re-
joinder from Presiding Justice 1ngraham'
who presented a suggestion that the DIS
trict Attorney had a part in the selection
Of a Judge to try the former Chamberlain
Robert S. Johnstone. assistant District Al
torney, who argued the motion for Mr.
Whitman, had said he considered it the
most brazen effrontery man under in
dictment and a criminal charge had ever
put up in this county
Mr. Steuer followed with the statement
that he considered it as great an enrontery
for the District Attorney to have anything
to say about the selection of the judge who
was to preside at the trial. Justice lngra-
ham interrupted the lawyer TO ask, What
is that? Did you say that the District At
torney selected the judge?"
81 did not say that"
"No, sir; did not say that" replied Mr..
Steuer
well be more careful" cautioned the
presiding Justice, and then he continued:
This court has selected the Judge. and the
District Attorney has nothing to do with 1t.
1t is the first time in my long experience
Of the case of defendant saying he would
not permit a certain judge 10 try hlili'
Were a defendant permitted 10 do that 1t
cent man from remaining a justice Of the
Supreme Court
Justice Ingraham added: You may be
satisfied that no influence from any one
has affected this court in selecting the
judge to try this defendant
Mr.. Johnstone based his argument against
the regularity of the writ of habeas corpus
by quoting Section p of the Code of Grim
inal Procedure. which reads.
During the session of the Supreme Court
i'm any county no person detained IN a
county Jail of such county, upon criminal
charge. shall be removed therefrom by writ
of habeaS corpus. unless such writ shai
have been made returnable before such
court.
Mr. Johnstone said the fght made by
HYDE was a great hndrarce TO the prose-
cutor. and interfered with the rights of the
people Il cannot emphatize,' said the as
eistant District Attorney, the supreme
contempt shown by announcing in the pub
lie press that he did not want to 20 before
Justice Davis for trial and by refusing 10
appear in Justice Davis's court yesterday
when his case was called for trial
Johnstone Cites Authorities.
Mr.. Johnstone cited several authorities,
and in answer to a question by Justice
Bowling as to what court other than the
Supreme Court could the writ of habeas
corpus be made returnable, he said there
was no other corrt, and then he asked:
Has this defendant the right to select his
judge?" As a further proof Of lack Of
jurisdiction by Justice Woodward, Mr..
Johnstone pointed out that the Appellate
Division I'm Brooklyn would not be in scs-
sion until the third Monday in April.
Mr.. Steuer argued that the section OF.
which the District Attorney based his pro-
ceeding for writ Of prohibition was un-
constitutional. and that a remedy should
be sought in appeal in the habeas corpus
proceeding Mr.. Coudert said that Justice
Woodward was within his jurisdiction In
hearing the habeas corpus proceeding. and
within his judicial duty under the Constitu-
ten.
The court reserved decision An appeal
from the decision is probable. which will
further delay Hyde's trial. Hyde was in
court yesterday, with his son, but took no
active part i'm the hearing.
As the justices were about to retire, a
Corpulent man stepped TO the bar and be-
gan to address the court. He said he was
T.. r. Curran, president Of the Kings County
Bar Association, and he wanted to say
something about the habeas corpus pro-
ceeding in the Brandt case. with which he
had some part. He thought the information
might be valuable to the court.
Justice Ingraham said Brandt Is not
connected with this case" Curran ex-
planned that he would like to make a few
remarks as he mad made a special study
Of the habcas corpus act but the court
would not hear him.