New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-03-21
GAYN0R LETS LAWYERS
FIGHT IN LIBEL SUIT
Mayor TOO Busy" to Appear
Personally in Court in
Pulitzer Action.
NEAR-BATTLE BY COUNSEL
Magistrate Kernochan's Gavel
Worked Justify to Prevent
Fisticuffs When Legal
Men Flare Up.

Mayor Gaynor did not answer the sum
mons Of Magistrate Kernochan to appear
in court yesterday afternoon as defend
ant in the action for criminal libel brought
by Ralph Pulitzer. owner of The New
York World" His counsel. Stephen Bald
win. told the magistrate that his client
was very busy" and asked to be allowed
TO appear for him. Howard Taylor, coun-
sci for Mr.. Pulitzer demurred.
After considerable controversy between
counsel Magistrate Kernochan said ne
would assume personal responsibility for
the failure of the Mayor to appear The
proceedings were 10 determine whether
Magistrate kernochan shalP issue n war
rant for Mayor Gaynor's arrest Briefs
will be filed on April 3. Magistrate ker-
nochan intimated that he would not act
hastily Decision may be withheld for
several weeks
The action of Mr.. Pulitzer grew out OF
a speech made by Mayor Gaynor at the
South Brooklyn Board of Trade dinner
on February 4. in which the Mayor Bit
terly attacked the Pulitzers. Ralph and
Joseph. jr. and their dead father accus-
ing them Of having amassed great
fortune by lying and blackman" The
speech was reported by New York news
papers from stenographic notes furnished
by the two confidential stenosraphers In
the office OF Mayor Gaynor at the city
Hall.
Mr. Taylor summoned the stenogra-
piers and obtained from them the adj
mission that they reported the Mayors
speech. but they denied having received
any direct instructions from the Mayor or
from his secretaries. Robert Adamson
and James Matthews.
City Hall Staff Passes Buck.
Lieutenant William Kennel. Mayor Cay
nors police aid, testified that he told
the City Hall reporters that the stenog-
raphers" would report the speech for the
newspapers II was either Mr.. Adamson
or Mr.. Matthews who told him TO say so.
he said. Mr. Adamson testified that he
was out Of town that day. and Mr. Mat
thews was unable TO recall that he had
given Lieutenant Kennel orders To tell
the newspapermen. He said that tran
scription Of the speech was on file in the
Mayors private" album or scrap
book"
The complainant asked Magistrate
kernochan to issue a summons for the
scrap book" The magistrate denied the
request. whereupon Mr. Taylor called 10
the stand several reporters who Gov
cred the dinner. Before they went on.
William p. Beazell, City Hall reporter
for The World" testified that Mr.
Matthews the Mayors executive secrc-
tary. notified him OF the Mayors engage
ment to speak that night. and later Lieu
tenant Kennel came TO the reporters
room and said that the stenosraphcrs"
would be there.
Robert II. Mcnamara. Brooklyn report
or for THE World" testified that he
heard the Mayor utter the alleged libel
ous parts of the speech and that the
stenographers. Sidney \. kelf and Louis
A. Merrill. got out their Transcribed copies
on typewriters in the reporters room m
the Kings County Court House &. NJ.
Crosby. Brooklyn reporter for The sun.
and Herman Laue Brooklyn reporter for
The Tribune. corroboratod THEN tcSti-
mony
Clippings from The Sun" and The
Tribune were offered by the complainant
as affidavits and were placed on tire
record with the consent Of Mr.. Baldwin
The latter wanted To argue the case at
the hearing but, as IT VAS after o'clock
Magistrate keinocnan declined 10 sit
longer. Mr.. Baldwin said the complain
ant had failed TO establish "a pima facio
case of libel that would he accepted in a
civil action. let alone an action for Grim
inal libel. lie admitted. for the purpose
of the transact lions. that Joseph Pulitz r.
died ia New York County on October 20
1911, that he was the owner Of The
World" and that Ralph Pulitzer was his
son.