The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-26
CIRCUIT TRIAL HALTS
ALMOST AT START
Counsel for Defendant Objects
to 85 Items Not Included
in Indictment.
BRIEFS ARE SUBMITTED

Tho trial OF ex-City Comptroller Ed
ward NJ Crout for perjury was halted
temporarily at the beginning OF the
afternoon session yesterday. when Ste
phen II. Baldwin. counsel for the de-
fen6ant. objected to certain matter which
| District Attorney Cropsey had begun
70 introduce In his opening address
County Judge Lewis. before whom the
case Is being tried. granted an adjourn
ment until to-day TO give both sides
an opportunity 20 prepare and submit
briefs.
The matter to which Mr.. Baldwin
objected was FIRST called to his atten-
ton Thursday. at which time he was
served with notice that Mr.. Cropsey
would refer to II IN his opening ad-
dress to the jury. It consists OF eighty
Ave items not included In the original
Indictment. which contains forty-eight.
Mr.. Cropsey had covered the forty-e!ght
In a three hour speech in the forenoon
and was Just taking up the first OF the
eighty-hve a; the resumption Of the trial
after the luncheon recess when Mr.. Bald
win interposed.
Before permitting argument on the
question Judge Lewis directed the jurors
10 withdraw. The question was simply
this: Whether Mr.. Cropsey had H.
legally added e~ighty-fve items 20 the
original Indictment. AZ Mr.. Baldwin con-
tended, or was merely exercising his
rights In outlining these as evidence.
Mr.. Baldwin held hat their introduce
ton violated the rights OF his client.
and that unless Mr., Cropsey had been
conscious OF this he would never have
taken the trouble to serve him with
notice or Thursday.
No Time to Prepare.
This notice. coming at tie eleventh
hour. as Mr.. Baldwin put II, left the
defence no time In which 10 prepare
properly its case and practically NULL
fed the advantage gained by Mr.. Grout
a Supreme Court Justice granted
his application to inspect the Grand
Jury minutes. He said some OF the
items were new TO him and hat OF
those that were not at least three had
been thrown out by the Grand Jury
that returned the indictment.
Asked by Judge Lewis II he was seek
Ing delay. Mr.. Baldwin replied indig-
nantly that II was Mr.. Cropsey who
would impose II. II any occurred. with
a view perhaps to hold!n5 up the trial
until fall so ne could make political
out of Il when he came up for
reelection.
Mr.. Baldwin pointed out that the in
charges Grout. as president OF
the now defunct Union Bank. with over
the assets OF that institution by
S2.2&0.S46.J+ The furty-eight items
in the indictment account
for every cent o: hat. Py adding
,'ghty-fve new items-even though they
only total 0.0oO-Nlr. Cropsey MOI only
does "A grave injustice to the defence.
according to Mr., BALDWIN. hut actually
his own indictment.
In orpos .ng Mr. Baldwin's motion 10
strike ou' the additional items Mr..
again attacked former supreme
Justice Josiah y Narean, but
naming him. He said he had
pains TO particularize in drawing
the present Indictment because a SUI
preme Court Justice had done mot only
an undignihed, but a wholly Illegal act"
In connection with an earlier one.
In order TO avoid this in the new indict-
nent he 'Cropsey) had made one item