New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-22

80, $50. '""S " furnt.
you ammunition and you would q,
not that he has certainly don. l,."h
An right, but can't get him
pardon In existence
"Of course" replied JudeS H..
brings in the question whether va,
not. But there Is another thing at
IL. even IL the pardon wer. M.
an absolute bar 10 prosecution ~
IT is not sufficient protection =.
Gates that the highest executive ann
AT least mas promised not 10 49,,
He is the only person who can 49,.
you. ""'sz
Yet you must concede that N.
have decided that you cannot ae,...'e
such protection as that in Co,,,."
and Hitchcock. and II you ar.
coed on that line IL must be On A..
that the decisions since have lrsr..
very different attitude toward ~
which 7 think they have.
Surely the courts could M. 49,.
government 10 say that a pardo,
actually bar and could not he a..
prosecution, but II Is good enough -
snce for any reasonable man tia,
not be prosecuted.
= am not At all sure that N. g..
Court would not say that n
were not A legal part Of the nro..,-.
II won't do: that the mere promise :,
President that he will not prs..r,,.
the kind OF protection that IL SUFFICE,
control the privilege. think tina,
a very doubtful privilege.
''It may be that the only ou.,.,.
that If the pardon Is not an ac,u,, :,
in Law. it is not sufficient for N. ,,,s
the executive department OF the So
ment-.he Presldent-to say. 4 ,,1
subordiDates. whom 7 entirely oont,o, :.
not prosecute you but that a nro-,,.. :
immunity is not sufficient. and you h..
got to have something which in Law v,,.
actually bar any indictment suhs.ou.,.~
found by subsequent administrators
Would Pardon Proseeti
81 do not mean 70 indicate a, thu 49,
ent time that ! thought the pardon =.
not good What I mean to say 4,
raises question whether. II you vs..
assume that II was not a bar In Ian
would protect against an Indictment \
you contend that, as a promise Of A
munity alone. independent OF It's ler,I h,
IT is sufficient"
I'VE take the position recllsd n
Carstarphen. that this pardon has v,.,
out the crime. or any crime OF VIZ
these men may be guilty on accom-, ost,,
| publishing OF that information and "A.
source from which they got II. In c,h.,
words, that this they say they would \
incriminated by. the crime, is wiped out
blotted out"
'I don't seem TO he able to make cIsr
to you what 7 mean al ALL" said "A.
court. II understood you at the cuts.,
concede. and II seems to me YOU are RIA
in conceding. that but for the pardon then
IS very real danger Of discriminating. n.
questions go TO the heart Of the crime %.
Justify the refusal. except Cor the psi
don"
And II is because OF that We 90, q.
pardon" said Mr. Carstarphen. NOV !
have quoted to your honor opinions Of N
Attorney General, the District A,tonc
decisions OF the Supreme Court and res
want TO quote 10 you the opinions Of n
ex-United States Attorney he went q
indicating Mr.. Wise. in an almost enacg
similar case to this. because Will ~
| that in the carrying on OF the ofhcs n
superior. Mr.. Marshall. and myself. ~
great and high regard to the opinions Z
the ex-United States Attorney in mater
OF this kind
This particular case was a quesnas
the presentation OF William DreG r
contempt. II came before your hone,
the first instance Cor failure 10 pfotso
books and papers. and the second tn
after he had so produced the books ar
papers he then said that he thought
answer would tend TO incrimlante him
They had found some difficulty. Just y
this spring, with premature puolcaue
Interfering with the administration
Justice. IL was found that the grand ju'I
and the courts had the right to INQUIRE
and the District Attorneys once cecias
10 ask for a pardon for Mr.. prelef.
In order that ] might not make Any
great mistake in asking for pardon !"
the present clients Of the distinguish
gentleman. followed in this case
nearly as could. the procedure ID Va
case. in that we used that as prece''
on which 10 work.
The witness came back 10 'ne sr'
Jury room: he still refused 10 tesui''
still said IL would tend 20 incrn1h
him. and the Assistant United sts's"
torney did the dastardly thing tina
traverse set forth: he handed to N.Y.
lam Dreier the pardon that had Oss'
tanned for him from the Preslden.
witness accepted the pardon anu
ceeded TO read II. then got up ano
out of the jury room. The next ""
returned it 10 Mr.. Wise.
Reads Letter by Wise.
II am going TO read a letter iron
Wise TO the pardon attorney az ~"
ington. You will be interested 10 w.
that. as We anticipated, Dreier. even =.
receiving the pardon. refused to 'es's
the ground that IL would tend 10 ~.
nate him. and after consulting N"n
sci raised the question as TO "he'ns
not the pardon removed the p" -