New-York tribune., 1912-02-17
ORDERS HYDE TRIAL HERE
Appellate Division AfflrmS De-
Cision in Special Term.
AN APPEAL TO BE FILED
Whitman, However, Will ASK
That Ex- Chamberlain Be Tried
for Bribery on March B.

Tho Appellate Division Of the supreme
Court decided unanimously yesterday tha'
Charles H. Hyde former City Chamber
lsin. should stand trial in this county, that
public sentiment here in his case had not
crvstalIized sufficiently one way or another
TO defeat the ends of justice. District At
tOrney Whitman will appear, therefore, be-
fore Justice Scdbury or Justice Davis, who
ever happens to he sitting in the Criminal
Branch Of the Supreme Court on February
q a week from yesterday, and move that
the trial of Hyde for bribery be set down
for March s.
But in the mean time John r. Stanchheld,
who has represented Hyde throughout his
fight for a change of venue, will file notice
of appeal TO the Court of Appeals. Mr..
stanchfeld explained yesterday that in
civil case a unanimous decision by the APP
pelIate Division would have made impos-
sible an appeal TO the Court Of Appeals, but
that in criminal case. although no statute
has defined the law, the courts have held
that tho right Of appeal under the circum-
stances was inherent The District Attor-
ney is not so sure of this latter point. In
any event. the question of jurisdiction will
arise Immediately the Court of Appeals
takes cosrizance Of the case, and, as Mr..
Stanchfeld remarked:
1T will do no harm TO try it out"
1t is expected by both sides that de-
cison can he obtained from the Court Of
Appeals in a comparatively short time-in
two weeks, according to Mr.. Whitman
estimate and in three or four weeks. if
Mr. Stanchfeld is right The notice of ap-
peal will not act as a stay Of his trial un-
lee LIx,lo oh n erect
from the Supreme Court. something he has
Done pending both the original settlement
of the motion for a change Of venue and It's
appeal TO the Appellate Division.
Hyde is accused of having influenced the
Northern Bank, through Joseph G. Robin
to lend the Carnegie Trust Company money
by promising to increase the Northern
city deposits His trial was originally set
for January 2, before Justice Davis in the
Supreme Court. but in the latter part OF
December he applied to Justice Lehman
for change of venue. and on the day set
for his trial he obtained from Justice
Stapleton in Brooklyn. a stay pending JUS
tice Lehman's decision
A delay Of a week or more ensued. JUS
tice Lehman refused TO grant Hyoe's mo-
ton. Hyde Immediately took it to the APP
Justice Marean in Queens, further staying
his trial, pending the appeal In support
OF his motion for a change of venue he
submitted TO both courts a voluminous affi-
davit, signed by Israel Tiiden, jr., quoting
1877 individuals In condemnation of Hyde
More than a hundred of the men quoted
have fatty denied expressing the senti-
ments attributed to them in this affidavit.
Justice George L. Ingraham was the pre-
siding justice in the Appellate Division, and
the four justices who concurred with him
we're Chester b. Mclaughlin, Frank c.
Laughlin, John Proctor Clarke and Nathan
l.. Miller. The court said:
If this court was satisfied that a fair and
inpartial Jury could not be obtained in
the County of New York TO try the defend
ant upon the indictment found against nm,
that the community was pracucdHy unit
in concluding him guilty. IL would rt,e.rls De its
the order appealed from and grant the mo-
tion for a change of venue.
But we reach no such conclusion upon
this record 1t is true that the defendant,
bv reason of his connection with pubic
affairs, has had large mass OF mat
ter published about him in the puDic
prints.
Impressions made by reading the news
papers are ephemeral, and jurors in TINS
county have. in number OF notable cases:
although surrounded by evidence of great
popular feeling, not been swayed thereby.
Considering the population Of this country,
our large general jury list and our careful
" selected special jury. we feel perfectly
confident that IL is not necessary 10 send
this Indictment for trial 10 any other
county TO enable the defendant to enjoy his
undoubted right to a fair and impartial
trial.
We have given the papers submitted
careful and painstaking attention and are
satisfied that the learned Special Term cor
rectly disposed of this motion and that the
order appealed from should be affirmed.