The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-23
,opy right 1914 by Underwood& Underwood.
Mrs Clara Elert and Mrs Alfred Grey Emo.
Continued from First PAGE

Continued from First PAGE
beside the problem OF bread and butter
with an empty purse
District Attorney Smiths statement In
part follows:
Il take this opportunity OF expla lining
the false position I am placed in before
the public In the handling Of the cases
on the complaint Of Mrs. Ebert against
Scsnlon and Henernnn and also because
or the fact that MI Justice Scudder has
seen AZ to exploit himself In the matter
No Witnesses, says smith.
THE first learned OF Mrs. Ellerts
complaint was some time about the middle
OF January. 1914. In the private chambers
OF County Judge Humphrey when she
! related her complaint l then made
thorough investigation as to the alleged
offence. and although she stated It took
place between half past 4 and o'clock
T.. NJ. on December IS. 1913. no living
person mas come forward who saws he saw
Heffsrnan, Scanlon and Mrs. Ebert to-
gether entering the Democratic Club house
OF leaving 1t. although the employees were
| In the tax office and other departments
only fifteen feet away. the Grand Jury was
In session, with all the people around the
court house az that time. and ~. Johns
Hospital Is Just across Jackson avenue
I and overlooks the Democratic Clue house
and the clubhouse is short distance
/ from the main avenue.
4 Later on, and before | first spoke to
! the Grand Jury ON the matter. In March,
Mrs Eller, admitted that on the l9tn,
the day following the alleged offence. she
went to saloon in the vicinity OF the
court house and was there with Scanlon
and other men drinking, and on that day
Scanlon had left her there with the other
men when he went away.
she also admits that on the els; OF
| December she wrote a letter to sCanlon
asking him why he did not keep an APP
pointment with her for the night OF the
| Goth of December. saturday, and asking
! him to come alone the following Monday
night, the 22d. as she wanted TO see him
alone. and she asked Scanlon to burn
this letter addressing him as Your
/ friend. Mrs Clara Ebert
says Grand Jury Refused.
! When | appeared before the March
Grand Jury l. told them all | had learned
, IN connection with the case and asked
whether or not they desired me to Issue
| subppnas for Mrs Ebert and hear her
personally. The Grand Jury took the
matter under consideration and ordered
\ me not to issue subpenaS. also reported
what | had done to County Judge Hum
! phrey and. 10 my surprise. when the April
/ Grand Jury met without any intinat ton
! from the County Judge and after some
surfragettcs had been. as am informed,
| TO see him in the matter, ne charged the
| Grand Jury specifically in relation 70
this case ! then stated TO the County
Judge that. had already Hformed hin,
OF having gone before the Grand Jury
and having told them all that he and
had learned Of the evidence in the case.
but he insisted that the Grand .rlry hear
the case again.
The Grand Jury found an Indictment
| against both defendants After the in
dictments had been handed up l moved
| 10 have the cases transferred to the
Supreme Court because / did not think It
fair to have the cases tried except before
somebody whom ! considered impartial
In the matter.
The Code OF Criminal Procedure. sec
ton GIL, provides The court may
either In its own motion or upon the ap-
pllcation Of the District Attorney. and In
furtherance OF Justice. order an action,
after indictment to be dismissed
impossible" lie Insists.
u appeared before Judge Garretson in
the Supreme Court and moved to dismiss
the Indictments on the ground that the
manner in which the crime was alleged
to have been committed was Improbable
and physically impossible and because
Mrs. Eilerts story was uncorroborated.
feel II the duty OF a District Attorney
when. in his opinion. the evidence before
the Grand Jury does not comply with the
dema nds OF the law and does not warrant
the finding of an Indictment against a
defendant, that, before subJecting de-
PENDANT To the disgrace OF himself and
rarnll" and worry and expense, the Dis
trict Attorney should have the courage
~ his convictions and move to dismiss
the Indictment, irrespective OF whether
somebody else agrees with him or not on
the ground Of policy,
Judge 6Grretson denied the appllca-
ton.
Section 20ia OF the Penal Law says
charge upon the testimony Of the woman,
unsupported by other evidence. There
was no corroborating evidence against
Herernan NJ the time made the applica-
ton to Judge Garrctson, and the only
corroboratinS evidence against Scanlon
was an alleged admission by him to Mrs.
Ellerts husband. stated by Ebert to have
been made In the presence OF n stenog-
raphr in my office, Mr.. Mehrtens
when Mr.. Mehrtens was on the stand
he denied that he ever saw Scanlon and
Ebert together at any time or that any
such conversations ever took place. SO
that we have the word OF a man who
pleaded guilty to grand larceny as against
a man like Mr.. Mehrtens, Of ,unimpeach-
able character.
when the matter was moved Into TN
" i. L.