The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-24
SEEK TO INVALIDATE
new HAVEN CHARGES
William Rockefeller and Four
Other Defendants File
Pleas Of Abatement.
JURY DRAWING ATTACKED

william Rockefeller and four others <f
the twenty one men indicted for building
up the New Haven railroad system in al
legged violation of tho Sherman law filed
pleas Of abatement IN the United States
District Court yesterday. charging irreg-
ularities in the selection OF the Federal
Grand Jury which handed up the New
Haven indictments
Rockefeller's plea was drawn up by p.
Lewis Anderson. who, calls attention to
tho fact that William Tallman. deputy
clerk of the United States District Court.
assisted the Commissioner OF Jurors In
selecting and drawing the twenty-thres
men for the New Haven investigating
body. whereas section 276 of the, judicial
Code provides that the chief clerk himself
shall, assist the commissioner. The chief
clerk. Alexander Gllchrist. was not even
present at tho time the jury was drawn.
the plea declares.
Section 27s, the plea further sets forth.
provides that tho Commissioner OF Jurors
shall he a resident OF the district. that he
shall be a well known member OF the
principal political party in that district
and that the clerk OF the court be a men,
Der OF the opposite political party In the
same district so az 20 insure absolute inn
Partially in the selection of the tales
men. Deputy Clerk Tallmsn. the plea
contends. Ia not a member OF any political
party in this district. inasmuch as he IL
a resident OF Englewood. y. u
Similar pleas were filed by James g.
Elton. Charles +. Brooker and Robert W.
Taft.
As additional grounds for the dismissal
of the indictments these defendants IN
Guiding Mr.. Rockefeller, say the wheel or
no frn, ,-rht III, 10, ~ shA t,,t,
are drawn should contain the names OF
at least 800. talesmen, whereas" they say,
"the jurymen were drawn from box into
which divers names, TO wit, one hundred
or upwards. the particular number being
unknown to the defendants. had been pre-
viously placed by one william Tallman."
The pleas in abatement further con,eDa
tina; the jury which handed up the indict-
mcnts on November last should have
been dismissed on September IS. as II
was only picked for the September term.
To have carried on the investigation ie-
gally. the pleas say, a new Federal Grand
Jury should have been impanelled In the
early part OF October.
The five defendants also protest against
the presence in the room Of two stenog-
raphers. Roy f. Schoonmaker and George
Zengerle. who. they say. were neither
witnesses in the cases nor bona fide Dep
uty Attorney Generals. although they had
been given perfunctory appointments as
assistants to the United States District
Attorneys office Iengerle. IL was said,
did not take notes during the sessions.
They were present. say the defend
ants solely under the pretended author
ity of their pretended appointments
\. Heaton Robertson and James s.
Hemingway. also defendants in tho New
Haven case. have filed demurrers with
Judge Sessions These demurrers assert the
IT,, s..ls
sufficient 20 constitute a crime John l..
Billiard and T. DE Witt Cuyler fell back
on pleas Of immunity. Billiard on the basis
of his testimony before the Interstate
Commerce Commission. and Cuyler be-
cause he was subppnaed as witness In
the New Haven-Grand Trunk Grand Jury
proceedings.
The twelve defendants who did not en-.
their pleas yesterday will now have 10
stand by their original plea OF not guilty,
the time for filing special pleas expired
yesterday afternoon.
Judge Sessions will hear arguments on
the demurre-s at 1890 O'Clock this morn.
ing