New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-03-01
Justice Blackmar Grants
Certificate of Reasonable
Doubt in Brooklyn.
REAL ESTATE TO BE
PUT UP AS BONI
Courts Decision Mentions Edito
rial as One Ground for Re.
hearing of Noted Case.

\ certificate OF reasonable doubt val
granted yesterday 10 William Willctt b.
by Justice Blackmar. of The Suprom]
Court. Brooklyn Willett was convictql
a month ago OF purchasing SuprenA
court nomination, and Justice Jaycox. n
the Supreme Court, sentenced him TO NJ
less than one year and not more thai
eighteen months in Jail. and fined his
$1,000
Joseph Cassidy, eX-Democratic boss
Of Queens County, and Louis Walter, b.
his former lieutenant, were also convicta
before Justice Jaycox later of selling ha
the nomination Cassidy got the saiH
sentence as Willett. and Walter was So
fenced To serve three months and W
81 900 Justice Blackmar recently gran,s
certificates of reasonable doubt 10 "a
sidv ana Walter The former was al
mitted 10 $1,000 bail and the latter p
5000 bail.
In Yesterdays decision Justice blacL
mar said that he would release WIG
i'm $4,000 bail. Robert H. Elder, "l'leti
counsel. said that he was satisfied WIN
the amount Of bail and would apply ~
his clients release on Monday. lie woui
not offer surety company boho'
said. but would put up real estate !.
thought that the District Attorney "ouA
not require more than dav to invest
gate. which would enable Willeit To re-
gain his freedom on Tuesday.
The decision mentions three oupds o.
doubt as to the admssbility as eIidenc'
At WiIlett's trial Of the cditoriaN from
"The BROOKLYN Standard-U Mon. 1upon
which action for criminal libel was &esur
against the proprietor. william bcllS a
70 the admissibilty of statements 10y
sistant Corporation Counsel Patrick
callahan and Surrogate Herbert
Kctcham. who wcre candidates ON ~
ticket with Willett i'm the FAN OF I'il anu
rbo mined with him i'm iustituuns the
proceedings against Mr.. BefH' ana ia'c'
TONED him i'm withdrawing them ana ms
~ the crime for which Willett was in-
d,ctcd. If he was properly indicted TOT
felony he could be tried I'm KINGS 'ouh'S'
~ his offence was only a miademeahof
no should have been tried lh queens
County. The grand jury OF queens 'o""
-, refused TO indict Willctt, and AFTER
ward District Attorney James {. CropS'N
bod him indicted in Brooklyn Regarding
,ho tb,rd clement Of doubt. the justice
SAYS: Ill.,,
rBut I cannot escape DOUBT wne''''
these facts so alleged constitute ie'o"'
under Section 75j Of the penal Ia"
rather than a misdomeanor under Sec'o"
-, r. tbev do constitute a felony. the
Indictment is triable I'm Kings 'ou''s p
Section 755. under which the deierqa".
was indicted. is entitled corrupt use u
nosition or authority Does it Apply 20
the bribery of a delegate to conVen'
ton or q political leader who conttol9
a convention?'
Regarding the admission Of the cdltoTa'
and the statements made by MI cana
han and Surrogate Ketcham AFTER t"es
had discovered that Willett had drawn
sio 600 in bills from the bank for cam
oaign expenses. the decision says:
"T do not think that written evidence
irrelevant under general rules Of law ana
rersuasive 10 the lay mind. is admissible
hocause shown to the defendant or
spoken of by HIM, unless either by writ
zen or spoken word. or by conduct Inc
defendant assents TO its truth. But WI
lett always repudiated the charge OF guH'
contained in these publications. In order
10 get a proper view of the bearing OF TINS
evidence have examined the whole vol
luminous record and after careful con
sideration, am not satisfied with IT'S al
instability. and have no other woro io'
this state of mind than 'reasonao'e
doubt ~