New-York tribune., 1912-02-21
LEGAL TILT ON EGGS
De Ford Objects to Lawyer for
Produce Men Taking Part.
mo STATUS" HE ASSERTS
Counsel for Butter and Egg
Dealers Says This Is Contrary
to Law and Fair Play.

The first hearing I'm District Attorney
Whitman's investigation of the New York
Mercantile Exchange. charged with a con-
spiracy 10 fix the price of butter and eggs
in New York County. was held yesterday
in vacant courtroom in General Sessions
II was noteworthy for a legal controversy
between William A. De Ford. the Assistant
District Attorney in charge, and Franklin
TAYLOR, of Brooklyn. counsel for the ex-
change.
Mr.. De Ford assured Magistrate Murphy
who Is sitting in the case at the request or
District Attorney Whitman, that the mem
bers Of the exchange were not under ar
rest. and therefore not on TRIAL For that
reason he held that while Mr. Taylor might
lie permitted to listen to the proceedings as
an act of courtesy. he had no status there
as an attorney.
Mr.. Tavlor maintained that he appeared
for the exchange as a corporation, and he
regarded it's members as being on trial on
the alleged information" filed by the AS
sstant District Attorney. Therefore he In
sisted that his clients ought to be accorded
the same rights Of counsel at the hearings
as though they were under arrest After
long arguments on both sides Magistrate
Murphy finally decided he would hear fur
ther from Mr.. Taylor when the sessions
were resumed this afternoon at 2 o'clock
"As ! understand IT," said Mr.. De Ford
"Mr TAYLOR wants to treat these hearings
as preliminary examinations. TO terminate
either in holding certain members Of the
exchange for the grand jury or In dis
charging them II he is willing to make a
stipulation to that effect I will lay II be-
fore the District Attorney, and I presume
II will be accepted"
TT is perfectly clear TO me on that
point" said Magistrate Murphy Mr.
Taylor plainly has no status as counsel at
this voluntary hearing. I'm lieu of grand
jury proceedings. I shall
That's precisely what I want to argue
before the court tomorrow" interrupted
Mr. Taylor.
Certainly! To be sure" the magistrate
rejoined. The court is certainly always
open to conviction" Mr.. Taylor would he
ready to argue after little preparation, he
said. After adjournment no gave out this
statement:
An attempt is being made to prevent the
ing any say In these proceedings. This Is
contrary To law and the elementary spirit
of fair play The exchange invites full,
fair and lawful investigation Of any and all
matters which may concern antitrust laws,
but the public doesn't want any one-sided
affair. The whole truth, not simply a mis-
leading part OF il, should be known.
The defendants have been squarely
charged by the complaint with being In
conspiracy with designated persons 10 un-
lawfully restrict competition I'm prices. They
are ready to meet that charge In free and
open fight. They do not agree. however. 10
he thrown down. bound and gagged, into
the arena for the sport Of a Roman popu-
lace. American institutions won't stand for
that sort of thing. II was submitted 10 i'm
the so-called ice trust investigation" and
again in the Willet case I'm Kings County,
but II Is without authority of law and Will
not be tolerated here.
The only witness yesterday was Frank
c. Henry. superintendent OF the exchange
since 1890. He identified important books
and documentary papers of the exchange
which were received IN evidence with the
stipulation that the defence might enter oh
jections after Magistrate Murphy had de-
cided the status of Mr. Taylor In the hear
lnRS