New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-10
Depends on Himself Which
1t Is, Sing Sing or
the TOmbS.
APPELLATE DIVISION
GIVES ALTERNATIVE
Will Dismiss Appeal Unless He
Withdraws Certificate of Rea-
sOnabIe Doubt.

John ~. Anhut, the attorney VINO was
convicted year ago for offering a
bribe OF $4,000 TO Or. John w. Russell,
superintendent Of Matteawan asylum.
to aid I'm the liberation OF Harry x.
| Thaw, must 20 to jail He can choose,
| however. between the 1'ombs and Sling
/ Sing. The Appellate Division yeSter-
| day ruled that 1t would dismiss his
/ appeal unless he agreed TO have va
Gated a certificate Of reasonable doubt
which he obtained and go back TO the
Tombs until the appeal is heard.
The purpose of the certificate of
/ reasonable doubt was to review the
proceedings by which he was convicted,
/ his attorney maintaining that he was
victim of conspiracy. If his appeal. Is
! dismissed he will have TO begin his
term in Sing Sing.
O'Bricn Raps Whitman.
Morgan J. O'Bricn, counsel for An
hut, told the Appellate Division
| that District Attorney Whitman
/ had overruled an arrangement un-
/ der which the prosecutors office
was not to interfere with the
appeal of Anhut. He said Mr.. Whit
man was trying to stand In the way
/ of the convicted mans appeal. MT
/ Whitman moved TO have the appeal 10
| the higher court dismissed, and this
motion will be granted unless Anhut
surrenders himself within five days and
| consents to the vacating OF the certi-
ficate Of doubt.
This move by Mr.. whitman was made
| because Of Anhut's delay in prosecuting
his appeal. He has been out on bail
since June. a month after his convio"
/ tion.
/ If Anhut surrenders he Will immedi-
ately be put in Jail until his appeal IS
/ taken up, which will probably be on
April oS. IF he does not surrender the
District Attorneys motion that his ap-
peal be dismissed will be granted, and
he will be taken to Sing Sing to begin
serving his sentence Of two to four
wears imposed upon him over year
ago.
Mr.. O,Brien filed appeal papers with
the District Attorney, asking for the
uuashing of the Indictment or the re-
versaI of conviction and new trial
They state that Anhut secured I'M
munity by testifying before the investi-
eating committee in Albany and that
/ the court erred in permitting Russell to
make self-servlng declarations on his
redirect examination and in restricting
! the cross-examlnation by allowing
/ Thaw 10 refuse TO answer questions as
10 whether he intended TO kill Stanford
/ White The appeal continues:
"a reading of the record can leave no
doubt that there was q conspiracy on
/ the part Of DR.. John w. Russell, super
I intendcnt OF the Matteawan State Hos
pital and Harry X. Thaw to get Thaw
/ liberated from Matteawan at the price
OF brbing Russell But 1t seems 10 US
equally certain that Anhut himself was
entirely innocent OF the projected
bribery. Thaw and Russell were the
principal witnesses for the people.
Thsw Feared Plot.
"Thaw undoubtedly thought that An
hut was in collusion with Russell. He
would be likely to think so from the
methods that Russell took TO get the
money. Russell at once distrusted
/ Thaw and lacked the moral or i'm
moral courage to carry the thing
through directly.
After the manner Of his kind. ne
planned to weave into his criminal
/ scheme the legitimate desires and am
/ bitions Of younger and less shrewd
person so as to be able to cover his
own retreat. in case he should ever be
found out. by accusing another.
Having held out to Thaw the hope
Of freedom, and having assured Thaw
that he was amenable to money. he
refused to name the price himself, but
said that that would be communicated
through his lawyer, Anhut. Russell
then induced Anhut 10 go to Thaw and
obtain from him hat Anhut thought
a speculative retainer, based on Rus
sells friendly recommendation Of him
as a lawyer, but which Thaw says he
regarded as bribe money.
Russell hoped that he would be able.
once the money was In Anhut's hands,
to get large part Of 1t transferred TO
himself by corrupting Anhut. That
Anhut did not sec through the scheme
was due TO his youth and inexperience.
He was twenty nine years old and had
been admitted to practice in Detroit
and had come on to New York to try
his fortune here. His experience and
practice were smaller than his ambi
tons"
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