The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-07-12
COURT ILLEGAL, is
PRIMARY CASEPLEA
Childs Trial Delayed Until the
Appellate Division Solves
Problem.
EXPECTED 1T DROPPED
Death of Former Mayor Start
ed Reports That PrOsecu-
ton Would End.
EXPECTED 1T DROPPED

william Hamlin Childs, indicted with
others on charges of violating the cleo
ton law in the primary contest between
former Mayor Mitchell and William NJ.
Bennett for the Republican Mayoralty
nomination last year, cannot be placed
on trial until after the Court Of Appeals
has passed upon the legality OF the ex-
traordinary term of the Supreme Court
before which the presentments were re-
turned.
This fact was established yesterday
when the Appellate Division. by ma
jority opinion. granted a writ of prohi-
bition asked for by Childss attorneys.
In an opinion drawn by Justice Page and
concurred in by Justices Laughlin and
Smith II Is held that the extraordinary
term presided over by Justice Con- Is
powerless TO proceed witt the trials be-
cause of its failure to comply with Gov.
Whitman's orders concerning publica-
ton of notices OF its converting.
District Attorney Swami. in spite or
reports that the recent death of Mayor
Mitchell would cause him to abandon fur
Their attempts a prosecution. announced
that he would take steps Immediately TO
test the legality of the writ before the
Court of Appeals. Should the writ be
Qudsneu ne expects 10 80 dnedu WIN
Childs's trial and with those of the other
respondents indicted with him. He has
elected to take an appeal rather than to
seek entirely new indictments. course
which would also have been open to him.
John b. Stanchfield, ]. Arthur Levy
and Isidor ]. Kresel are attorneys for
Childs. Robert 8. tombstone, Alfred j.
Talley, Edwin p. kilroe and Felix c.
Benvonga, Assistant District Attorneys,
appeared for the people.
Indictment Valid, Says Swami.
Regarding the decision OF the APP
pellate Division Judge Swami said:
THE opinion says that the Grand Jury
summoned by It Uhe extraordinary
term) was a de facto Grand Jury. and
the indictments found by It are valid I;
and none OF the formal court proceed
ings heretofore had can be successfully
attacked
1--WE have several remedies. First.
we can ask Gov. Whitman to redesig-
nate Justice Cor to sit in the trial of
the defendant Second, the case can be
transferred to General Sessions for
trial Third. the Appellate Division can
be asked to designate Justice Gof."
Judge Swami expressed the opinion
that the Indictment was valid and that
It would be unnecessary to present. the
same evidence before another Grand
Jury. The statement of the District At
torney clearly indicated that the Gov
ernor would not be asked to create
another extraordinary term of the SUI
preme Court
UlIman Conviction Stands.
The conviction before Justice Con- in
the Supreme Court of Harry Ullman.
CT airman OF the board of election IN
spectors in the Twenty eighth Election
district OF the Seventeenth Assembly
district of "Wilfully making n false
statement of the result Of a canvass
OF ballots" in the primaries last year
was unanimously upheld by the APP
pellate Division yesterday.
1t was charged that Ullman reported
that John Purroy Mitchell had received
fifteen votes for the Republican Mayor
atty nomination and William NJ Ben
nett three. whereas in reality eight bal
lots had been cast for the former and
five for the latter.