New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-11-08
Held on New Indictment
in Which Lauterbach
Is Also Accused.
LAWYER SAYS HE'S
BEING MADE "GOAT"
Lamar Hoped To Be Freed
or Plea That Court Lack
ed Jurisdiction.

ing members or Congress IN an effort
to defraud members of the firm Of j.
?. Morgan & Co. and the United States
Steel Corporation, was committed to
the Tombs yesterday afternoon.
Edward Lauterbach. lawyer and one
time chairman Of the Republican coun-
ty committee, indicted with him, will
appear in the federal court tomorrow
morning to plead.
Seen at his home last night. Edward
Lauterbach was frank in saying that
his indictment was surprise to him.
"The indictment" he said, sis over
year old. In that year have spent
just one day outside of New York City.
Any time was wanted could have
been found.
Until to-day | had not the slightest
hint that would be wanted Mr.. Mar
shall very courteously and consderate-
ly allowed me until Monday to make
arrangements to plead. He knew I
would not run away-could not, IL
would-but, at the same time, ! want
to say that | appreciate his courtesy.
THE indictment does not mean much.
Frankly, it is an unpleasant thing to
come at my time of life, but the ex-
planation is simple. The government
felt that IL had to have a conspiracy
charge to hold Lamar. Therefore. it
had to have co-conspirator. II elected
me. am the goat, and that is all there
is TO it.
81 have nothing to say for or about
Lamar. Yes, of course, I know him.
l have known him many years. He
can speak for himself. Personally, I
do not fear the outcome of this suit.
have done nothing wrong"
The new indictment naming Lauter-
bach as a co-defendent came as a sur
prise to Lamar. He had supposed he was
being held on the indictment on which
he was arrested in Washington, .nd
was strutting about Judge Rudkin's
court confident of release. The swag-
ger disappeared instantly.
His second shock came few min
utes later, when Roger B. Wood, chief
of the criminal bureau Of the District
Attorneys Office, asked that bail be
fixed at $4,000, and the court decided
that $4,000 was the minimum that
could be accepted
"fhe Wolf" is Broke"
II then developed that "the Wolf"
who at one time vas rated rs a million
are and in his day has Iossesscd sew
eral fortunes, was, in the language Of
Wall Street, broke. Everything ne has
was offered to the American Surety
Company as collateral, but neither he
nor man who said be was Lamar's
brother, but who was known around
the building as Jacob Simons, could
satisfy the company.
'Simons" was in tears when United
States Marshal Henkel led Lamar away
to the Tombs, where it IS expected he
will have to spend Sunday. But Lamar
was laughing. Whsr newspaper pho
tographers asked MIN 20 pose, nc said.
'Its a pretty tough des, when
man with no intention OF running away
is held in This manner suppose,
though, I've got TO make the best Of
it,"
Previously ne had said that he had
come 10 New York with the intention
and expectation Of being arrested.
Il figured on $4,000, the amount
seven judges had held ne in in this
matter" he said, "and had arranged
to supply three times that amount
But when they raised the ante ten
times II caught me short. That's all"
In his talks with the marshals and
attaches of the District Attorneys
Office Lamar did not hesitate TO admit
that he did the telephoning that makes
the basis for the charge against him.
Says No One Was Fooled.
But" he told them, nobody was
fooled. Lewis Cass Ledyard knew il
was Dave Lamar at the other end of
the line all the time. II YOU don't
think so, read the testimony"
When Lamar was arraigned before
Judge Rudkin, Louis b. Williams, who.
with L. P. Kristeller and Henry J.
Goldsmith, were in court 10 look after
his interests. objected TO his being
called upon 10 plead, declaring that the
court had 10 jurisdiction.
This man." said the lawyer. "is at
present in the custody of the United
States court, having given bond 20
await its action in the removal pro-
ceedings brought in the District Of
Columbia. To take jurisdiction at this
time is, in effect. TO oust the Supreme
Court. and to all intents and purposes
is a contempt of that court
Judge Rudkin did not have time to
rule on this point when Marshal Henkel
rearrested Lamar on new warrant.
This. United States District Attorney
Marshall contended, effectively an
swered any point the counsel for La
mar might have raised. Mr.. Williams
sgain objected, but the District At
tornev proceeded TO insist that Lamar
was now properly before the court.
"This man. after resisting for long
time in Washington" said the District
Attorney. voluntarily came mere,
thereby waving his bond, and 1t was
he duty of the federal officers 70 ar
rost him. Last summer, through coun-
soI be asked 70 be allowed 10 come
5ore and was informed that il we
found him here We would jail him.
Lamar Pleads Not Guilty.
"The court will rule that the arrest
- nroper." said Judge Rudkin. III
Continued on psye 10. column ..