New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-03-03
1rstice Davis Rules That
Alleged Extortion Was
Not Committed Here.
DISTRICT ATTORNEY
TAKES CASE HIGHER
us viii Ask Appellate Division to
determine the Question of
Jurisdiction.

Justice Vernon NJ. Davis Of the Grim
,,,l Branch Of tho Supreme Court de
-, Yesterday against District Attorney
....,..,.n IN tho matter Of jurisdiction in
~. ,ral of The so-cared "bagman." Ev-
rovier. OF Kingston. Fowler was
,.,,,,sd last November on charge OF
.,,,ior in connection with a check for
-, rom Seneca T.. Hull a contractor,
,,,os state road work in Cortland County.
The "a, that Tho check came to the
v,,,,b Nadoua. Bank. i'm this city. Jus
-. Davis held. was not sufficient 10
r.rrant tria' lu this county
:. ,be opinion OF the court the alega-
...,s IA the Indictment sufficiently charged
.,,ortion Of the 500 check in onondaga
county
nm HuWs testimony Fowler was in
a.,ed liis counsel. Martin W. Lltleton.
s,,,pr-ed ON the ground that District A.
,o-pey whitman had no jurisdiction to
,,y the case iu this county. Justice Davis
sustained the demurrer.
After learning OF Justice Davis's deci-
sion District Attorney Whitman an
,ognced that 10y agreement with Fowler's
counsel the matter will he carried to the
appellate Division a an early date Mr..
Whitman said.
Whitman Wants TO Know.
THE question as 10 whether or not
,prisdlctlon I'm this case lies i'm this county
must be definitely determined by the APP
p.llste Division. and. Of course. it Is our
purpose 10 have this question definitely
settled before proceeding further as evil
dsrce IN this particular case must be pre-
sented I'm either OnOndaEa or Cortland
County should IL finally he held that
Jurisdiction lies there and not here.
Justice Davis's main grounds for sus-
tanning the demurrer were as follows:
when We analyze this transaction Of
Mclean with the Fourth National Bank,
is apparent that Hull's money did not
ZONE into McLean's hands. Mclean de-
posted the check. BY that act the Demo
cratic State Committee became the cred
tor OF the bank to the amount of the
.heck. In other words the bank bought
the check and paid for II out OF Us own
property by crediting the account OF the
said State Committee with the amount OF
the check. and the purchase was made in
reliance upon the payment OF the check
by the Cortland bank. and, in default
thereof the repayment by the state Com
mittee OF the amount paid to Il.
Clearly. the State Committee got no
money belonging to Hull from the Fourth
National Bank in New York. Hull's
money was obtained on November N
Cortland. where his check was paid.
Until Hulrs bank in Cortland honored
MS check, on November s. Hun could
have stopped payment on It. Therefore
Il Is evident the defendant could not have
obtained Hull's money IN New York.
Thomas Hassett. indicted on q charge
n attempted grand larceny. refused 10
plead Yesterday before Justice SeaLury,
IN the Supreme Court. on the constitu
iona ground that when he was indicted
more than one grand jury was IN session
IN this county Justice Seaburv directed
that a plea ~ not guilty he entered. AS
sistant District Attorney Embree notified
Thomas Gilleran. Hassett's lawyer. that
. special panel Of one hundred talesmen
would he ready IN the case on March &C.
Aqueduct Graft Was Fat.
More evidence OF waste Of New York
City's money I'm condemning land for the
great reservoir o. the Catskil AQucjuct
vss revea led By four witnesses at the
John Doe" graft inquiry Yesterday.
Charles pevo. 2 Kingston lawyer who
searched titles admitted 10 Magistrate
NcAtoo tina. a would have been just AS
cheap y New York had bought the whole
~ Ulster County instead Of paving
N'no6oo - title searchers. appraisers
and commissioners 20 get enough land
for tho reservoir
Addison 2 Dederick. 2 Kingston con-
tractor and builder, said he appraised
sx hundred pieces % property In five
and 2 half wears. FOR which he was paid
1880
One Gauge Tor tho high cost Of the
Pnd. be said was due 10 the enterprise
" New York city lawyers. who made
clients - trc owners at least year be-
'o'e the condemnation was begun He
hsn'ioneI the frms o. IIottenroth
Brother and Brown q Slawson.
Tie fact rs. the coming Of the aque-
'uet 70 Ulster County was a veritahle
Num tree wasn't it7' asked Magistrate
NeAloo
The papers called il Plum Land and
~ facetiousiv took up the expression
replied Dedcrick with 2 grin.
The next session or The John Doe
hqg.-y VIII Doc held ON Friday afternoon
HOl 0S WI a RESPONSIBLE