The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-03-15
JUSTICE DAVIS To
TRY HIM, HYDE HEARS
He Did Not Expect That When
He Withdrew His Appeal
Last Week.
HINT ABOUT RESISTING
Wanted 10 BE Tried In Msrch-Date
Made April 1 by Justice
Seabury.
HINT ABOUT RESISTING

Chamberlain Charles II. Hyde which
was set by Justice Seabury yesterday
for April 1, was reported yesterday when
motion was made in the Criminal Branch
c. the Supreme Court to fix the date
Max u. Steuer wanted the trial in March
and went so far as TO ask Justice Seabury
If he would be sitting in the Criminal
Brant Ii In April. Justice Seabury in
timated that he did not think the inquiry
a proper one. II is understood that he
will sit in the Appellate Term in April.
Mr.. Hyde himself went little further
out Of court. He gave out long interview
partly TO show that he had never sought
delay and partly to show that he was at
least not seeking to be tried before Justice
Davis. before whom William j. Cummins
OF the Carnegie Trust Company was
convicted. Mr.. Hyde is indicted for
bribery in depositing city moneys in the
Carnegie in return as alleged for favors
from officials of that concern.
Among other things Mr. Hyde said
that after Justice Mccall had transferred
the case from the Supreme Court to the
G eneral Sessions and the transfer had
been upheld on appeal. he was about to
move for trial when Justice Davis trans
ferred the case back to the Supreme
Court. where on November he was still
holding the April term. which he re-
opened on November - to sentence
Cummins.
The District Attorney says Mr..
Hyde. selected tina. day to move to fix
a day for my trial although the regular
November term was in session. I would
have been glad to go to trial on the day
set, January 2. but when / found that
Judge Davis was again assigned to the
term after having held that term con-
tinuously for nearly n year decided
that would follow the advice Of counsel
and friends, which had been pressed upon
me for long time, and move for a change
OF venue" Mr.. Hydes statement con-
tinues in part
"Rut. Mr.. Hyde. the change OF venue
was asked for on the ground that an i'm
partial jury could not be had. and your
attorneys stated in court that there no
question was raised regarding a Judge"
Yes. l know that. ! am a lawyer my
self and have practised at the New York
bar for nineteen years. have great re-
spect for the courts ! would not do any
thing or even hint that would prefer one
Judge to another to try any case that I am
to an ac,io, .,onid -. an, n.r, -, a.,
.al.ct,on NJ . Judg.
Then what reason was there for your
counsel asking that the case he set down
for this month instead OF next?"
The District Attorney has made all his
motions in Parts OF the court where Judge
Davis is presiding. whether the term was
being held by regular assignment or by
tho .Judye.. own con,inuanc. For IN
stance on November a ba moved tba, IN.
case bs transserrpd bacL to ,ba Snnrms.
Court On Novemher .. bs moyed ,h,t 4,
he set for trial There was a regular No-
v.mber term held hv Judy. Narcus On
Eahrnarv "a tho lnnalI.t. III viaion J.c;,,ad
against nv motion TO chang. IN. v.nu.
Eysn befora couId ,et inforuat;on -,
the Court House about tho d.ri.ion n motto.
was served on me by the District Attorney.
returnable before the January term, con-
tinued on February -, to fiN day for trial.
The regular February term was being held
by Judge Seabury during the week Of Feb
ruary w. anu ',e 'a"uary 'ern'. presloeo
over ny 'uuse Jaws hau oseh su'o"rheu
On reoruais 10 "n'n 'ns 'au, Wy appea'
10 'ne ,o"I, vi Hppesi, t""seo posi-
pohemeht Oh 'ha' iho'ioh 'haue lot t'h-
,ua,s ou' ,no 'a"""' 'ei"' p'es,ueu over
d! '"use DA'S' was a'jo"'"'" "h''' ""r'h
~.
oh March "'hure~ 'he appeal a"n
! h'o'eu 'o-uS! W s"' 'he case LOT rial.
was informed 'ha' '"e March 'aiehuar
WAS cro"ueo una INA, my case "ouid ne
se' uo~h 'or hp'' 'Vs.e'ua. ! earheu >
huch 10 my SURPRISE 'ha' 'ne regular
p"ousheu assishhen' Oh Judge oeaonry
ior 'he Aprl term hau oeeh revoked ana
Judge Davis assigned 10 hoin 'hat Term.
ana IL was ior 'hat reason 'ha' wanted
IL se, uo"h a. 'he March TERM
nave you any reason LOT no' "shihg
'he case 'ried oeiore Judge DAVIS
wen. II there were no other reason
would never want 10 Try case before
Judge that the o'her SIDE was SO anxious
10 get oeiore'
Is 'here any other reason MT hyue
know OF no reason why Judge DAVIS
should not give me fair trial.
Then there is something about Mayor
Gaynor having onoe criticised one OF
Justice DAvis's appointments on q con-
demnation commission and this follows.
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