New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-17
Returned by u. S. Grand
Jury Against Burdick
and Curtin.
REFUSE TO GIVE
SOURCE OF NEWS
Judge Hand Fixes Bail at S1OO,
and Will Stay Commitment
Pending Appeal.

Renewed presentments charging con-
tempt against George Burdick and Will
lam l.. Curtin, OF The Tribune STAFF, were
handed I'd by the United states grand
Jury yesterday before Judge Hand. az
result of their continued refusal to an
swer questions revealing the source 81
news for the Littauer and Heitmeyer
customs fraud cases, published exclusive
ly in The Tribune.
Frank z. Caretarphen, Assistant United
States Attorney, asked that the defen"-
ants be at once committed. but judge
Hand granted an adjournment untll Moi-
day. upon the request OF Henry A. wise,
their counsel Mr.. Wise explained that
he was engaged In another case, ana oe-
sired time to prepare traverses to the pre-
sentiments.
In granting the delay Judge Hand said
that since the questions involved IN inc
presentment were the same as those al
ready gone over In previous proceedings
In the case he would sign the commit
ment on Monday without hearing any
further argument. He also said that ne
would at tho same time grant stay
pending the appea. which he understood
WAS TO be taken, and asked Mr.. Carstar-
phen II he would oppose such action.
I'VE want these men committed" SAID
Mr.. Carstarphen. They are even more
in contempt than before, inasmuch as
they have continued TO refuse TO answer
the questions since your honor handed
down your decision adjudging them
guilty OF contempt for the same actoh
previously They have appeared before
the grand jury and refused to purge
themselves Of contempt by answering the
preyious questions, as they were given the
privilege Of doing in the previous order.
Fixes Bail at 500.
Judge Hand then repeated that ne
would grant the stay on MONDAY af1c'
committing the defendants ana wouid
also release them on bail. lie at first said
he would fix the amount at N,"o OUT
when Mr. Wise remarked that such
large amount was not needed TO hoio
the men. and would only give surety
company the benefit of the premium, and
the Judges attention was called to the
fact that he had fixed the amount at 500
in a previous contempt case. Judge Hama
said that If such were 30 he would let IL
go at 500.
IA reclted IN tho minutes OF the grand
fury which accompanied the present
ments. Mr. Carstarphen told MI Curuh
that he wanted TO call 10 his attention
matters not taken up IN the previous pro-
ceedngs.
Ono of these was, ne said, that the pre-
mature publication OF confidential infor-
nation I'm the papers In regard 10 pei'uiis
CAGES was a great handicap 10 the prose-
cutting officials, and that such publication
placed several probably innocent men I'M
der suspicion of having violated their
duty.
I'm that connection was Mt Curtins
reply." Mr.. Carstarphen said, IN my
nrevious testimony stated that / did NOT
know that in the publication OF these ar
ticles, we were interfering with the work
ings OF the United States Attorneys
office. I learned subsequently that an In
dictment had been found in the He'-
never alexander case at the time our
story came out, and also in the Littauer
case. and | personally could not see where
Justice had been thwarted In any way.
eft had known that II would inter-
fare with Justice at the timo I would have
stopped publishing the stories. nave
kept stories out OF the press to enable GUS
toms officials and others to get customs
offenders, and we did not publish these
stories TO try to thwart the ENDS or JUS
tice.
"'Both Heitmeyer and Mrs. Alexander
Maid 5000 each, and Mr. Littauer paid
81 900. both he and his brother. and they
got a six months sentence, which they did
not serve, and | cannot see that In the
publication OF those articles justice was
thwarted. May / ask you this: Was the
Littauer case before you at the time the
articles were published?
Pardon Of No Avail.
Mr.. Carstarphen said that 1t was. and
then Mr. Curtin asked him If it would
have been a bad thing to publish the text
OF the Indictment previous 10 the filing OF
the Indictment IL It had been filed as a
sealed indictment It would have been a
bad thing. answered Mr.. Carstarphen.
"'Well. the day that the indictment was |
filed THE Evening Sun" printed the |
whole text of the sealed Indictment and |
there doesn't seem TO be any efforts to
hold those people," Mr. Curtin said
well that matter will be looked into"
was the answer.
81 am just trying TO get a parallel on
that thing myself Mr.. Curtin remarked.
and he said further: I think for the
benefit of the grand Jurors we are willing
to make afiidavits that our information
did not come from tho Office OF the United
States Attorney or from the Department
Of Justice
Don't you think. Mr.. Curtin. that
In view OF the different proceedings YOU
have been through in connection with this
matter, two presentments for contempt
and the number OF times you have had to
appear before grand juries. and the fact
that there Is Presidential pardon in this
that you can avail yourself OF
at any time TO relieve you. you have
gone about as far as the ethics OF the
newspaper business require you TO 60 TO
protect the informant?
i am not protecting the Informant
Mr.. Curtin replied, L am declining 10
answer the question because / believe I
would be incriminated. regardless OF the
presence OF the so-called warrant OF par
don which you tell me comes from thu
OF the United States"
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