New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-18
ANHUT ON $4,000 BAIL
IN THAW BRIBERY CASE
immunity Plea Likely, Based
on His Testimony Before
SuIzer Committee.
REMANDED UNTIL TUESDAY
Indicted on Two Counts, One
Charging He Allotted Thaw,
the Other He Offered
Bride.

John y Anhut. the attorney TO whom
Harry *. Th3w gave $4,000 with which
20 obtain his release from Matteawau.
vas arraigned before Justice Seabury. in
the Criminal Branch of the Supreme
Court. Yesterday on an Indictment chare-
,nc him with bribery He gave bail in
son end was remanded until Tuesday
10Y pleading. His attorney. Arthur G.
Palmer. said that Anhut would interpose
a special plea Of immunity based on An
hut's appearance before the Governors
commission
There are two counts i'm the indictment
against Anhut. The first charges him
with aiding and abetting Harry Thaw in
Offering q bride. and the second charges
Anhut alone with Offering a bride 1t Is
ALLEGED that Anhut offered DR. John W
Russell $4,000 10 declare Thaw sane This
bride is alleged TO have been offered
twice-once on November - at the Savoy
Hotel. and again on December &c, at the
Aston House.
The special plea Of immunity which
Anhut will offer is said 10 be without
precedent in this state. In some respects
IL is analogous 10 a plea Of former jeop-
srdy The bribery statute provides that
under certain circumstances such a plea
may be interposed hut the Code Of Grim
nal Procedure, it is said. provides no
method Of making such a plea
Civil Procedure Probable.
At any rate question Of fact IS raised
which requires the verdict of a jury. al
though. if the facts are conceded, the
verdict will be objected by the court. The
plea will probably proceed under the rules
applying I'm civil cases. and the burden
Of proof will rest upon the defendant.
The Heike case, in the federal court. was
a similar one.
The immunity section Of the bribery
statute is a. follows.
a person offending against any pro-
vision Of any section of this chapter re-
latinC 70 bribery and corruption is com
petent witness against another person 90
offending. and may be compelled 10 ap-
pear and testify at any trial. hearing.
proceeding or investigation In the same
manner as any other person, but the tes-
timOny so given shall not be used i'm any
prosecution or proceeding. criminal or
civil. against the person so testifying.
person so testityiug 10 the giving or q
bride which has been accepted shall not
thereafter be liable to Indictment prose
cution or punishment for that bribery.
and may plead or prove the giving Of
testimony accordingly, In bar Of such lr-
dictment or prosecution
Anhut will base his plea upon his test
mouy before Governor Suffers commits
sion. when he was not asked TO waive
humanity He was asked 10 appear be-
fore the grand jury. where William A.
De Ford. Assistant District Attorney, was
conducting an inquiry into the alleged
bribery. but MI De Ford did not intend
20 make the mistake the Governors com
mission may have made. and stipulated
that Anhut. like several Of the other Wit
nesses would have 70 waive his rights
Anhut refused TO testify.
Absolute immunity Claimed.
The Governors Investigation was con-
Quoted under the Moreland act" said Mr.
Palmer. Anhuts attorney. yesterday
which gave the commission the power 10
issue subpGnas and 10 punish those who
refused TO obey them The charge of
bribery on which my client il indicted
was the subject of that Investigation, and
the testimony ne gave related 70 that
charge. The statute regarding bribery
gives absolute immunity under such cir
.umstances.
Nh De Ford is equally confident that
tne circumstances surrounding Anhut
testimony before the Governor commits
sion were not such as 10 entitle him 20
immunity. At any rate IT Will bee some
time before the special plea can be dis-
posed Of. as it is probable that a number
of witnesses will be called by each side.
IT Anhuts plea is denied and he IS
called TO trial it will be- necessary TO bring
Harry Thaw down again TO TESTIFY
against him.
10 is possible. but not probable. that the
e.,ard i,tr,, will resume its sessions and