The sun., 1918-11-02
'NABBED FOR KEEPING
HEADN HAT, HE SAID
SubpGnaed Man Alleges Jim
Smith Had Grudge Against
Toppiece.
HE FIGHTS CONVICTION
Prosecutor Declares Accuser
Was Taken in Raid and
Raised Rev.
J FIGHTS CONVICTION

Jim Smiths subpnnas are not to be
treated lightly. nor Is Jim Smith either.
One man who failed to take his hat Off
In the presence Of a Smithsonian sub
pena and consequently spent the night
in durance vile was convicted for dis
orderly conduct, but the sentence was
suspended. Yesterday he appealed to
Judge James T. Malone, General Ses-
sions, to have the stigma OF conviction
removed.
Jim, the raiding District Attorney,
says it's all wrong. He said the man
in question. Nathan Goldfam. was rails
ing a row in the col fidor just outside his
office in April, so much so that he tMr.
SMITH couldn't think, and that he tMr.
Coldfiam) was arrested for disorderiy
conduct by Detective Edward Hickson
Of the District Attorneys office.
But the story as told In court by Mr.
Goldfiam's lawyer. Hartford T. Marshall,
former Assistant District Attorney.
was to the effect that Mr.. Smith had
charged lese majestic.
your Honor" addressing Judge Ma
lone. at seems that my client has In
suited the powers that be. He was con-
victed for not removing his hat and
taking a seat when ordered by the de-
tective as he presented one OF the come
and see me, Jim Smith. subp1nas.
my client was handed one of these
we'll known scraps OF paper by Jim Smith
on one OF his usual raids. 1t was an in
yitation to come and see him or else pay
$3.50 for denying himself the pleasure.
Row over "Take on Your Hat"
"Of course he called upon Mr.. Smith
But when he presented the invitation
Mr.. Hickson announced that Mr.. Smith
was busy, and invited him in no uncer-
tain manner to take his bat on and
also take a seat
"I WON'T my client stated tndlg-
nantly. Then a conversation ensued to
the effect as to where the hat and the
caller would repose. Further, my client
said that he had no time to waste and
started to depart. but waited While the
detective disappeared In Jim Smiths Of
fee. He reappeared and placed my client
under arrest. He was taken to Police
Headquarters and was there held for
the night. and in the morning arraigned
before Magistrate and convicted for
keeping his hat on IN the presence OF the
subpoena, and at the same time not be-
ing seated In its presence.
1.-THE sentence WAS suspended how
ever and It is for the purpose of remov-
ing the stigma that we appear before
you to-day"
rs that a Grand Jury subpoena the
court impaired.
mo, your Honor, II was request-to-
see-Mr. Smith subpoena"
The court then inquired OF Frederick
Sullivan, the Assistant District Attorney
In court, IL there Is any statute permit
ting Mr.. Smith TO Issue his individual
subpnnas, opining that he would like to
be appraised of II.
81 don't know. your Honor" was the
answer.
"Now, your Honor, appreciate that
any one must OF course uphold the dig
nifty of the law, even in the presence of
District Attorney. Most Of us have
been one" Mr.. Marshall added. But
my client was not in the presence of the
District Attorney, but only in the pres
ence OF his subpoena"
His Honor grinned, and said that he
would take the motion under considera-
tlon.
Jim smiths Version.
The reporters rushed into the pres
ence of Jim Smith to get his version,
being only fair, and In their haste forgot
to remove their lids. Jim, however.
didn't say anything about It. but he had
a lot of other things 20 say.
1t seems that Mr., Goldfam asserted
he was silently eating soup and not
bothering anybody. Mr.. Smith, he re-
lated. heard him. and having come
brand new subpenas tried one on Mr..
Goldfam.
why. wasn't even there" protested
~
raid by Costigan's men In Thirty-f1rst
a. l.. IL.