New-York tribune., 1912-01-03
HYDE'S TRIAL STAYED
BY BROOKLYN JUSTICE
Luke D. Stapleton Orders That
Hearing Await Decision on
Motion of Change of Venue.
SURPRISE FOR PROSECUTOR
Whitman Calls Action Unprece-
dented"-"Tilden Affidavits,'
Like Those of Israel Tilden,
in Sullivan Bank Case.

lyn, played trump LOT tne iiEu' l'i'''
Yesterday in the game to bring the for
mer City Chamberlain and Mayor Gay
nor's intimate to the bar Of justice IN
New York County. His order staying
the trial of Charles II. Hyde for bribery
until after Justice Lehman passed upon
Hyde's motion for change Of venue
reminded habtues Of the Criminal
Courts Building Of Governor Dix's mes
sage to District Attorney Whitman. de
livered by Stephen $. Baldwin. almost
exactly a year ago, ordering the District
Attorney to consult freely with the At
torney General and be guided by the
latter's advice in his investigation of
the whole Carnegie Trust scandal. In
both cases the surprise came from out
side the county.
Justice Stapleton not only forbids the
District Attorney to proceed with Hyde's
trial, set down for January >, but he
forbids Justice Vernon NJ. Davis. sitting
in the January term of the Criminal
Branch Of the Supreme Court from hear
ing the case pending Justice Lehmann's
decision. In other words. il Is the order
Of a Supreme Court justice outside the
county tying the hands of one inside
who is thoroughly familiar with all the
circumstances surrounding the Hyde
case, not only because he presided over
the Reichmann and Cummins trials, but
because he presided over the Criminal
Branch when the indictments against
Reichmann. Cummins and Hyde we're
returned by the grand jury he had
charged.
80 far as l know said District At
-torney Whitman yesterday the action
is unprecedented
Declines to Discuss the Case
Justice 3tapeton. when told last night
Of the District Attorneys remark, said:
II filed my decision In writing, and
cannot enter into any discussion with
the District Attorney or any one else
about it,"
he copy of the interesting document
served on the District Attorney In the
morning was dated January /. 1912.
Hyde appeared before Justice Stapleton
In person TO make the application. As
the District Attorney had no lntimatIon
of the move he naturally had no one
present 10 oppose the motion. The for
mer City Chamberlain. In his affidavit
counted in brief his reasons for asking a
change of venue, referring 10 the series
of afiidavits collected for him by Israel
Tiiden, jr. The affidavit said:
Since the service Of the papers ON the
motion To change the place OF trial the
newspapers have published the motion pa
pers. together with alleged interviews oi
the District Attorney and stories to the
effect that perjury and subornatiOn OF per-
jury were suspected in connection with the
said motion.
In my opinion. these publications would
have prejudicial effect on any jury drawn
before the argument OF the motion tu
change the place OF trial even II prejudice
does not exist TO the extent that | have
already alleged.
on my behalf, man was sent through
the condition Of the public mind. Upon his
sworn report. together with the reports Of
citizens expressed To me. | am convinced
that n prejudice against me has been Gre
ated In the public mind and that II is so
strong that even In the case Of evidence I'm
my behalf II would entirely overcome the
presumption Of innocence TO which / am
entitled and prevent any reasonable doubt
being resolved In my behalf. and that
could not have a fair and impartial trial
in this county.
Justice Stapleton crltised the District
Attorney for lot postponing the trial
until after Friday. the day set for argu-
motion for a change of venue and in
justification Of n stay he said further:
lie Hyde) shows that for many months.
prior and subsequent to the indictment, by
vehement language and opprobriOus carica-
ture. a powerful widely circulated. ear
nesty read, Ingenious and entcTprising press
has exercised It's liberty in eXecrating him.
He further shows that investigation re-
vealed by inquiry Of different persons in
various localities following diverse callings,
that prejudice exists against him.
Israel Tiden's Affidavits.
An examination of the records in the
case of David a. Sullivan. president
Of the Union Bank. of Brooklyn, In
dicted for signing a false report to the
state Banking Department. shows that
an Israel Tiden acted in the same
capacity for Sullivan that Israel Tild-
en-, jr.. did for Hyde. as collector Of
derogatory opinions. Sullivan asked
Justice Kapper. in Brooklyn. for a
change of venue in the latter part Of
last October. request that was refused,
and filed with his motion papers an afi-
davit signed by Israel Tilden. quoting
that Sullivan should be hung" Strung
I'D" and so on, calling him crook"
thief" and CRATER"
Tilden quoted Charles Keesman, OF
Adams street and Myrtle avenue, Brook
lon as saying about Sullivan, He is a
crook and ought to be in Sing Sing"
Other specimen opinions appearing in
this affidavit are:
william Gentes. of Scovilles, Coney ISL
and. "Ue is a highway robber and the
v,orst crook of them all. Edgar Cum
mings, Adams street ana t Mgrte igt,, iaggenue
Moore. No g73 Sixth avenue, Brooklyn: Tie
IS crook and ought to be in jRIlo arooa Mr.
iiaStI,, ~ ,hisr and a dirty crook" r. Plum
rewis avenue and Fulton street, Brooklyn
He ought to be n jail" j. d;spi Lyons; No 70
i,,i. ioif ~ a lamppost" Mrs Meyers. No. lsiC
Hris Enitson street. brooklyn: He is worse thar
u,,o ,r,I, robber." Mr.. Halbert, No. 162'
Fulton street t. Brooklyn; The yoo ought i,t,,d to
s,reei .gns brooklyn: "He Is a crook = l.
Sd,,,in No 1909 Fulton street Brooklyn
'He ought 10 Oe shot J. aoex y NO crooI Il
AZ All damn thief" Charles Huber .tlhlnN
aveuIe awe and Park Place. BrooklyS I an
as,,s,ued To say what ! think or SulilNan.