New-York tribune., 1912-03-15
HYDE'S TRIAL APRIL |
Ex-ChamberIain Vexed Because
Justice Davis May Preside.
SOUGHT AN EARLIER DATE
Wouldn't Want Judge, He Says,
"Other Side Is So Anxious
to Go Before"

The trial Of Charles H. Hyde, the former
CITY Chamberlain. under indictment ior
perjury, was set down for April l yester-
day in the Criminal Branch of the Su-
preme Court and to the vexation OF Hyde
he learned that Justice Vernon NJ. DAVIS
would probably be sitting in the Crlmlnai
Branch of the Supreme Court in April
HYDE. boutonniere in his lapel, and
large pearl stickpin in his green cravat
sauntered into Justice Seabury's court with
his counsel Max d. Steuer, John b. Stanch-
field and Gustsve Rogers.
Your honor" said Mr.. Steuer, 'the de-
fendant desires to have a date fixed for MS
trial"
District Attorney Whitman and his as
sstants, Frank Moss and John K. Clark,
were on their feet at once. Mr.. Whitman
said that such a motion was the preroga-
tive of the people, and that Mr. Hyde's ac-
ton was unprecedented. 81 ask that an
early date be set"
Justice seabury named the first Monday
IN April, although Mr.. Steuer said that ne
would like to have the trial sooner
as your honor going to preside at THIS
trial?" asked Mr.. Steuer.
"I consider that an improper question.
said Justice Seabury.
Mr.. Steuer explained that he had meant
no disrespect, but that there were special
reasons why Mr.. Hyde wanted. his trial
set down for an earlier date than April l.
Mr.. HYDE later sought to explain that he
had never tried to delay his trial, although
he intimated pretty plainly that he would
be Just as we'll pleased IL the trial was TO
take place before some other justice than
Vernon NJ. Davis. AS TO his request for a
change Of venue early in January, he said :
II 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 year. l decided that
I would follow the advice Of counsel and
friends which had been pressed upon me
FOR a long time and move for a change OF
venue" He added: 81 would not even hint
that / would prefer one judge to another
10 try any case that am involved in
He pointed out that all the motions rela-
tive to his case had been made before JUS
tice Davis, who so arranged his calendar
that this would be possible.
YESTERDAY" he said, 81 learned, much
20 my surprise, that the regular published
assignment of Judge Seabury for the April
term had been revoked and Judge Davis as
signed to hold that term, and II was for
that reason that 1 wanted 1t set down for
the March term"
IF there were no other reason for not
wishing the case tried before Judge Davis,
said Mr.. Hyde. II would never want 10 try
case before judge that the other side
was so anxious to get before"
He added, however, that he knew Of nc
reason why he should not get a fair tria
before Justice Davis. Then he called atten-
tion to the fact that in March. 1910. Mayor
Gaynor criticised Justice Davis for one OF
his appointments on condemnation COM
mission. Il cannot see why 1 should be In
volved in that" he declared.
HYDE said he was not sure that he would
he ready to go to trial on April l, anyhow,
as his counsel was to take up case that
came to trial the latter end of March and
might not finish 1t by April l. He said that
he was unable to state whether he should
object to a trial before Justice Davis. III
] find that the District Attorney has had
any real purpose in the course he has pur-
sued" said Hyde, Il shall take any ster
necessary to forestall him"
The former Chamberlain declared that
to sit during the April term in the Criminal
Branch of the Supreme Court, the clerk OF
the Appellate Division had told him that no
record of it had yet been filed.
District Attorney Whitman said last
night: II have nothing whatever to dc
with the assignments made by the Ap-
pellate Division. and did not even know that
Justice Davis was to sit in the Criminal
Branch of the Supreme Court in April"
Justice Davis charged the grand jury
which investigated the Carnegie Trus
Company's affairs and the indictments
against William ]. Cummins. Joseph b
Reichmann and Charles H. Hyde were re-
turned to him. He presided at the trials OF
Reichmann and Cummins, both of whicf
resulted in convictions, and is thoroughly
familiar with the cases originating in th'
investigation of the Carnegie Trust Com