New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-06-02
Court Fears Merchant and
Partner Could Not Get
Fair Trial Here.
MAY DELAY CASE
UNTIL THE FALL
Whitman Believes Move Will Not
Affect the Result-Banker
Is Pleased.

ton with the fallure OF lne4T stOIes anu
banks. obtained Yesterday change "f
venue from Justice Blanchard, in I ~
Supreme Court The justice found ;hat
because Of the large number of person
affected by the failures and the senti-
ment shown by Stanchfield & Levy 10
exist in this county that the men could
not get the fair trial in this county 70
which they are entitled.
Justice Blanchard did not specify
the county in which the men will he
tried. That will probably be decided
on Wednesday. when it is expected the
order will he entered. It is unlikely
tina: a trial will Ice had before autumn,
as il is practically certain the criminal
sessions Of the Supreme Court in The
outside counties will have adjourned
for the summer before the necessary
details Of trial can be arranged.
District Attorney Whitman may find
a county where it is possible 10 try them
this month, in which event the tridl
cannot begin much before June lj
First Since lexow Days.
This is the first case OF prominence
since the Lexow days. in the early 30 :,
where a change Of venue has been
granted to defendant indicted in NeW
York. Police Captain Diamond, who
was then charged with grating, boirc
acquitted by the upstate jury TO which
the evidence against him was pre-
sented.
Since then many attempts have been
made for changes. the most notable IN
recent years being that Of Charles y
Hyde, indicted in association with the
failure Of he Carnegie Trust Company
Several hundred affidavits were sub
mitted in that case. but the motion was
denied subsequently Hyde was con-
victed, but on an appeal had the con-
viction set aside, the higher court hol J.
ing that not only did the evidence tail
TO show that HYDE had committed an
crime, but that no crime was proved.
A more recent case in which a change
Of venue was asked. though as mat
ter OF form and with no hope of the
prayer being granted. was that OF
Becker, Bourke Cochran making the
motion at the stormy session of court
preceding the drawing Of the jurors.
In other counties changes have been
quite common, the reason for this diff
ference being that the courts have
usually upheld the District Attorney S
contention that there arc so many per-
sons in New York County that the OBJ
tanning Of a fair and impartial jury is
a certainty. Because OF the uniformity
with which this contention had been
upheld the law permitting a change Of
venue had become, so far as New York
County is concerned, a dead letter.
Whitman Not Ousturbed.
Mr.. Whitman said yesterday that the
change of venue would not in his opin-
ion affect the result Of a trial He
would have to confer with Mr.. Stanch-
field, he said, before anything could be
arranged, but he hoped TO be able to
try before Judge with tho knowledge
of business and financial methods, pos
sessed by Justice Vernon NJ. Davis, be-
fore whom he had hoped Siegel and
Vogel would be tried at the present
term Of the Criminal Court in this city.
Mr. Stanchfeld refused to discuss the
matter.
1T would be unethical for me 10 dis
cuss any decision" he said, but you
can say am not displeased.'
Siegers only comment was regret that
he had been compelled to hurry home
from England, whence he had gone to
visit his daughter and his grandchil-
dren.
IF there is no trial until fall" said
Siegel last night. II don't see why |
might not have been allowed to stay
with my daughters and the kiddies in
England However, shouldn't kick,
seeing as am now assured Of an i'm
partial jury"
Court Reviews Failures.
In his decision, which covers several
typewriter folios, Justice Blanchard
first reviews the failure of the Siegel
enterprises on December 20 last, the
subsequent indictment on twelve
charges OF grand larcenies from banks
and bankers by alleged false state
ments of their financial condition, and
two indictments for receiving deposits
as private bankers after they knew
they had become insolvent, and the
proceedings in the United States Court,
which showed that the Siegel bank
owed 1900 depositors s250O,O0O, and
the Siegel firm had $500 depositors
and 1000 employees.
Justice Blanchard refers to the riot
Gus meetings OF creditors and turbu
lent scenes In association with the pro-
ceedngs in the Federal Court. the va
rious offers Of settlement discussed
and the probability from evidence now
available that the depostors and other
creditors will not be paid In full as
was demanded at the meetings OF de-
positors at which Siegel and Nogel
we're so bitterly attacked
The question Of guilt or innocence Of
the accused Justice Blanchard proceeds