New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-03-02
Witnesses Accuse u. S. At
torney and Staff of High
handed Methods.
CHARGE SIGNAL CODE
WAS USED IN COURT
Power Utilized in Private Case
Twas Convict or Go 10
Jail, Says One.

Serious charges against the third de-
gree methods Of United States District
Attorney H. Snowden Marshall and his
staff were made yesterday az the in
quiry conducted by a subcommittee OF
the House judiciary Committee in the
Federal Building. One witness said
that both jurors and counsel had no
iced in a certain case that a code Of
signals was used between witnesses for
the government and Assistant United
States District Attorney Hershenstein.
Frank Moss. counsel for the Thomp-
son committee. and Henry A. Wise, for
mer United States District Attorney,
testified that their clients had protest
ed agains. drastic practices in Mr.
Msrshal's Office.
Pierre ". Clear. real estate broker
and the first witness yesterday, said
that the signal code had been discov-
cred when he was serving as Juror AZ
Simon II. Kugel's trial. He said that
Roger b. Wood. an assistant TO Mr..
Marshall, had purposely left out parts
OF discussions Of witnesses and had
been criticised by juror for his &C
ton.
you will tell Mr.. Moss that we have
the power 20 force him 10 come here,
and we wish 10 see him at o'clock,
was Chairman Csrlin's answer 10 one
OF Frank Moss's partners, who attempt
ed TO explain the absence OF the
Thompson committees counsel.
When Mr.. Moss appeared after recess
he was asked, as attorney for Simon II.
Kugel. if there were any improper prac-
tees in that trial.
"Yes. | protested against eXamina-
ton. on the eve Of the trial. OF wit
nesses for the defence" Mr. Moss re-
piled. "This was done IN the case OF
n witness named SAKE. ! have been
prosecutor myself. but ! never have
known of sucn a thing. Although !
know OF strong practices in the other
courts. did not believe that the pros
ocution had great public duty 70 per
form in the case, and so objected
"I was called liar and threatened
with jail and indictment II | did not
involve kugel," said Aaron K. Feldman.
of New Haven, who said that he was
questioned by Mr.. IIershenstein for
nearly q week. The last day ! was IN
New York M Hershenstein personally
answered questions put TO me by the
jurors. lie said he would send me
away for two years. The records OF
the stenographer in the grand jury
room were BY no means correct. When
! would not involve Kugel was in
dicted. but tried and acquitted within
five minutes"
"Was it malice asked Representa-
tive Nelson.
absolutely" was the response.
Former United States District Attor
ncy Wise said that both Wood and
Hershenstein, his appointees, we're alb
solutely honest. "Indiscreet they may
have been" he AIDED. perhaps a little
Jealous in their youth and energy"
What would you think of man who
handed down an indictment when the
grand jury had never voted on it,"
asked the chairman. referring TO the
Oppenheimer case mentioned Tuesday.
"That man ought 20 be in jail" re-
piled Mr.. Wise. He admitted that the
grand jury system was. in his opinion.
not worth cents and that the District
Attorney. II ne had the witnesses. could
indict about whomever he pleased.
David Keen, in the film business az
10 West Forty-sixth Street, charged
that the United States courts were
used, or that an attempt was made TO