The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-07
MAt1iN MANToN So0 BOURkE. COG. Ran
.efABeckeeSL COUNSEL
Continued from lassista DelehaJ

a assistants. Delehanty and Minton. Frank
Moss's rotund figure was missing. He
has gone into private practice since the
first trial.
Opens Attack ON whitman.
The "Oyez" OF the crer had barely
died away when Mr.. Cochran. with bow
and a graceful wave OF the hand. be-
sought the attention Of the court. Justice
Seabury recognized Mr.. Cochran with a
smile OF welcome. The crowd. anticipat-
ing a sensation. was very still
1T is with the utmost respect and def
erence TO the court that / appear here
to submit a motion which ] greatly re-
greet to be compelled to offer," Mr.. Cock
ran began. He threw scornful glanc"
toward Mr.. Whitman and continued:
II ask for "A judgment that the Dis
trct Attorney be adjudged In contempt
of court for deliberately giving out state
ments to inture the interests OF this de-
PENDANT. I have here affdav!ts TO show
that this man lanother contemptuous
glance toward the District Attorney has
uttered within twenty-four hours state
ments which gravely AFFECT the rights Of
this defendant to fair trial. Yestcr-
day every newspaper In the city pub
lished n statement purporting to emanatc
from the Tombs. That statement WAS
false"
What was that publication asked
Justice S.ahury.
Mr. Cochran produced newspaper clip
pings--stories OF Carl Dresner's state
ment that person cl 'se to Becker In
duced him to commit perjury for the gun
men.
These statements" said SIR. Cochran.
his voice rising. were not issued from
the Tombs, but from the District At
torney's office. with the understanding
that they must not appear AS coming
from his office. have here the af-
| fdavts containing the publication and
the names of reporters who were called
to the District Attorneys office. and
who received the injunction not to let
the statements come from his office"
Justice Seabury asked for and re-
ceived clippings and affidavlts. Mr..
Whitman got TO his feet and turned on
| Cochran.
The District Attorney" he said en-
| phatically has given out nothing saw"
/ the bare statement that he was ready
| for trial The people have suffered more
| from publicity than the defence
! Mr.. Cochran interrupted. There was a
furry of words, which Justice Seabury
| quickly d!ssipated. Mr.. Cochran referred
I 10 tne blStTltt SttpIHcy rs q 'phsPlih''''
Change Of Venue Refused.
81 will not consider AT this time n mo-
ton to hold the District Attorney IN
| contempt" said the Justice. Il will not
permit this trial to be interrupted on
such grounds
Mr. Cochran requested an adjournment
until =. NJ The Justice denied thu
request. Mr.. Cochran threw up his hands
i dramatically.
\ Then" he said. Il ask an adjourn
ment to present a motion for change OF
venue The statement coming from the
District Attorneys office in the past
twenty -four hours has changed our plans
We do not believe that this defendant
can have a fair trial In this jurisdiction.
The motion for a change OF venue was
denied and Justice Seabury directed the
clerk TO go ahead with calling talesmen
hut Mr. Cochran persisted. He came bacr
to the contempt accusation. II was nc
use He wanted an hours recess, any
way. He couldn't get II.
~ shall not know how to remain, how
TO question jurors" he began.
"The court" said Justice Seabury