New-York tribune., 1912-03-10
HYDE SERVES WHITMAN
WITH TWO NOTICES
Former City Chamberlain Makes
Another Move in Intricate
Legal Game.
WANTS TRIAL DATE SET
Aiso Withdraws Appeal from
Justice Lehman's Decision
New Tactics Charged
to Friends Advice.

rA,r,ss H. Hyde, former City Cham
x.r,.,n. now under indictment for bri-
,.rv made another move yesterday in
A.. same at which he and District At
,orney Whitman have been playing ever
.,nos uyde was indicted At first Hyde
demanded an immediate trial. District
Attorney Whitman wanted his case tC
follow those of William ]. Cummins and
Joseph B. Reichmann. They were tried
and convicted and then Hyde adopted
tactics calculated to delay his trial.
Now he wants an immediate trial.
Mr.. Hyde. who is his own attorney Of
record. walked into District Attorney
Whitman's office yesterday morning and
served upon him two notices. One was
notice of the withdrawal of his appeal
from the decision of Justice Lehman re-
fusing him a change Of venue, which
was pending in the Court Of Appeals.
The other was a notice of motion 10 set
q date for trial.
The motion 10 set date for trial VIII
come up before Justice Seabury in the
Criminal Branch Of the Supreme Court
on Thursday, five days notice being re-
oured before such a motion can be
made Mr.. HYDE will appear as his own
counsel at that time. although when
The case comes TO trial he will he repre-
sented by Max d. Steuer.
Hyde Wants Early Trial.
Mr.. HYDE will move that his trial pro-
ceed at the earliest possible date. Dis
trict Attorney Whitman will undoubt-
edly suggest that the case be put on
Justice Daviss calendar. Justice Davis
presided at the trials of Cummins and
Reichmann. and his continued January
term stands adjourned until March 10,
the day after Hyde's appeal would have
been taken up by the Court of Appeals.
II is discretionary with Justice Seabury
whether he will accede to the request Of
the District Attorney or whether the
motion for an immediate trial having
been made before him, he will set the
case for his own term. The former
course is believed to be the more prob
able.
Mr.. Hydes change of tactics, it is said,
is due TO the fact that his friends have
persuaded him that the Court Of Appeals
has no jurisdiction in the case.
The difference of opinion between Mr..
-ffyfe and the District Attorney as to
when Hyde's trial should take place and
where began last June, soon after Hyde's
indictment was handed up. The Dis
trict Attorney said that in the natural
course Of events The trials of Joseph B.
Reichmam and William J. Cummins
should prccede that of Hyde. That order,
he said. was for the best interests of the
people. So insistent was Mr.. Hyde that
he went TO the Supreme Court and had
his case transferred from the Criminal
Pranch Of the Supreme Court to the
Court " General Sessions.
Whitman Appeals Transfer.
District Attorney Whitman appealed
from the order transferring the case, and
as the Appellate Division had adjourned
until October. the stay which Justice In
graham granted with the appeal stopped
ali proceedings until October. Then the
case was transferred back to the Crimi-
nal Branch of the Supreme Court
After the conviction of Reiohmann and
Cummins the District Attorney was anx-
ious to proceed at once to the Hyde
trial. Hyde was not ready. He presented
to Justice Lehman a list of more than
one hundred names of men who were
quoted as saying that they thought 1t i'm
possible for Hyde TO get fair trial in
this county. Later they denied making
the statements attributed to them.
on the strength of that list, and for
ieasons which he himself gave. Hyde
asked for change Of venue. The re-
quest was refused. Hyde appealed TO the
Appela:c Division and Justice Lehman's
escision was upheld. He took the ques-
ton to The Court Of Appeals. where it
remained until yesterday. Meantime.
because of the stay which accompanied
his appeals, the District Attorney could
not proceed with his trial.
Within few minutes after the papers
had been served on him yesterday Dis
trict Attorney Whitman left his office.