Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-03-20
EXJUDGE HAHN
GOES ON STAND
IN OWN DEFENSE
Explains That $4,000 Settle
ment by kase Was in AIiena-
ton Suit.
SAYS cREooRYS HAD
TRIED TO GET $40, 900
Witness Declares Detectives
Had Figured on $4,000
Agreement.

Chancery chambers, this city. Mr..
Hahn is accused of professional mis-
conduct in handling the case of a
client, Charles S. Peaker, a negro.
former prize fighter. Peaker re-
tained Mr.. Hahn 10 proceed against
Charles NJ Kase. one of the wea1thiest
men in this city. Kase was charged
with alternating the affections of
Peaker's wife, and settled the matter
with Hahn by the payment Of s25,-
900. Tt was in the disbursing OF this
sum that Mr.. Hahn is accused of
misconduct. He paid to the Gregory
Detective Agency $1o.250, to Peaker
$4,500 and retained the balance as his
fee. amounting to the same as the
Gregory fee.
One Of the claims OF the prosecu-
tion is that Mr. Hahn was retained
to sue Bertha Peaker, the negro's
wife, for divorce, and that nothing
was said about the alienation mat
ter. According to Judge Hahn, on
the stand, and the paper introduced,
there was no discussion of a suit for
divorce, but that every person con-
cerned talked of an action for aliena-
ton.
1t was the contention of Judge
Hahn and Robert H McCarter. his
counsel, that he had acted solely for
the settlement of the alienation suit,
and 81. 81. OF the testimony on tnis ques-
ton was directed toward this proof.
Mr.. Hahn also testified that when
Peafer first visited his office, II WIS
understood that Mr.. Hahn was to
bear all of the expenses that would
naturally arise In the prosecution Of
the action, and that he YVES to receive
fifty per cent. of the proceeds in
compensation. After he had obtained
the money. he said that Peaker IN
duced him to bear q part of the COM
pensation of the Gregorys With re-
lation to Peaker's compensation, Mr..
Hahn testified that he was asked by
the negro TO hofu Soma OF the money
for hinl--and- give itz<t6 INN at an
other time. Peaker never called to
obtain the last of his money until
January of this year, although the
settlement had been made in the
last days Of December. 1918.
Mr.. Hahn made decidedly favor
able impression for himself on the
stand. He answered the questions
that were showered at him by Mr..
Barrett and the chancellor with the
utmost GOODNESS and apparent frank
ness. In fact, some of those who
heard the testimony urged that Bar
rett, instead of hurting Mr.. Hahn's
case, rather helped him.
The chancellor was manifestly I'M
pressed with the importance Of the
case, and was bound to inquire into
the very smallest detail. He fire.
ouentiy injected questions and COM
ments, as Mr.. Hahn proceeded with
his testimony. Throughout the hear
ing, however, Mr.. Hahn maintained
his poise, answering all OF the ques-
tions in a firm voice, but never be-
coming excited.
An outline of Mr. Hahn's defense
was first presented at this forenoon's
hearing to Chancellor Walker, who
presided, by Robert H. McCarter, Mr..
Hahn's counsel This was suggested
by Halsey NJ. Barrett, the advisory
master in charge of the prosecution.
The chancellor said he believed he
would be aided In his conclusion. but
would not compel Mr.. McCarter to
pursue this course unless he desired
to do SO.
"The position we take in this mat
ter ts this" said Mr.. McCarter. MT
Hahn had been practicing attorney
in this city for a number Of years
Notwithstanding the fact that he
was police judge, he pursued his
practice.
Gregory Approached Hahn First.
Some time in December, 1913, he
was approached by Francis Gregory,
a private detective, who told him that
he had prepared an extraordinary
case. That 1t involved the character
of q prominent citizen of Newark.
They had discovered that this man
had not only been intimate with a
colored woman, but had gained her
affections from her husband
Gregory then told of the relations
of Bertha NJ. Peaker, wife of Charles
s. PealSer, with Charles M. Kase,'' Mr..
McCarter said, and added: They
told Mr.. Hahn that they believed
they had a good claim against Mr..
Kase for alienation of sffections."
Mr.. McCarter said that at no time
had there been any statement made
to Mr. Hahn about a divorce, until
long after the settlement was made,
when Mrs. Peaker called on him and
inquired about a divorce suit. He had
been retained to prosecute a suit for
alienation of affections and for moth
ing else.
Mr.. McCarter then recited the fact
that Kase went to the Office Of Mr.
Hahn in the Globe building and after
ward paid him $25, 900 In settlement OF
the case. It had been agreed that Mr.
Hahn should have fifty per cent. Of
the recovery as his fee.
Agreement with Gregory.
Mr.. McCarter said that out OF
Peaker's share OF the settlement II
was agreed that PealSer should pay
the Gregory Detective Agency for
their services. This agreement, Mr..
McCarter said, was made at the first
interview with Hahn and Peaker,
which took place on December 1S,
1913. There is a wide variance be-
tween the defense and the prosecu-
ton as to dates, the time of the first
interview as fixed by the prosecution
being December 29
Peaker, on the occasion of this
agreement, Mr.. McCarter said, de-
clared he was a poor man and utterly
unable to pay for the services that
would be rendered by the detectives.
The day on which former Judge Hahn
received the money from kase he re-
turned to his office, where Peaker and
both of the Gregorys were waiting.
Mr.. Hahn laid down on the table
$20, 900 In cash and the $1,000 check.
A discussion followed as to the divi-