The New York herald., 1920-01-31
Hands Up Presentment Taking
Issue with Criticism of Dis
trict Attorney Martin.
JURIsT REPLIES SHARPLY
Proposes Investigation by Governor
and Declares independence of the
Bench Is Attacked.

verely criticised Judge Louis d Gibbs, or
the County Court, for remarks made at
the end of tho trial of Policeman John
Morris, recently acquitted on charge OF
burglary and later arrested on a charge
of bribery. The Grand Jury demanded
that Judge Gibbs make a public apology
for disparagement Of the office of Fran
els Martin. District Attorney, said to have
been contained in the same statement
When the details of the presentment
were brought to Judge Gibbs attention ho
denounced 1t as another strong indication
that some grand juries have wrong con-
ception of their. duty and function" He
challenged the District Attorney and the
Grand Jury to join with him in making
public the proceedings before that body
which drew UP the presentment, charg-
ing that the disclosures will be ''of in
tercst not only to the people of the State
of New York but to the whole country.
II District Attorney Martin regarded his
statement as q charge against his Off
cial rectitude. Judge Gibbs said, he was
willing to appeal to the Governor and
have an investigation of the entire matter
conducted by the Attorney General.
Grand Jurors Deny Coercion.
After quoting the statement Of Judge
witnesses in. tho Morris case had been
intimidated and coerced. the present
ment of the Grand Jury continued
"An examination Of the records dis
closes that there Is no evidence any
where in that record OF any coercion,
intimidation or sweating of witnesses.
We further find that not one witness in
the case was intimidated, coerced or
sweated. We also desire to state that
nothing which Judge Gibbs testified
to in any way substantated his
charges that perjury had been COM
Initted and as to the source of per-
jury. We find taht the only per-
jury committed by the peoples wit
nesses was committed in the Magis-
trates Court and that this perjury
was suborred by John Norris the
defendant. who bribed these witnesses
in order to have them testify falsely.
We listened to all the testimony of
these three witnesses, above referred
to, each OF whom testified that he had
received money from John Morris in
the case of the people against John
Morris, and it further appeared from
the record in the Morris case that Nor
Is, when testifying in his own defence
admitted paying money to witnesses
1--WE believe that in this case District
Attorney Francis Martin and his, assist
ant, Albert .ohn, performed their duty
commendable
1--WE believe that unrounded statements,
such as were made by County Judge Gibbs
at the close of this trial. do not tend to
J telp the administration of the criminal
law in Bronx County. We believe that
the unfourdcd charges made by County
Judge Louis d. Gibbs should be publicly
retracted or repudiated by him, and upon
his refusal to retract same the matter
Il ~ - Al.@ -
ties for redress.
I've desire to take this occasion to con-
denim ,uch an attack for the reason that
| II was uncalled for and unjust.
Wien conscientious District Attorney
is eldeavoring to prosecute partJ
CHARGED with crime he should be aided
by al good citizens interested in the ad-
minbtration of the law. We believe THAI
Judfe Gibbs might have commended the
/ District Attorneys office for its zeal in
trying to convict o man who confessed :
wiring to a robbery, who was police
loffcer. who returned proceeds OF same TO
owner, and who was caught running away
frdn the place of the robbery with the
npney he had stolen in his pocket in
sead of criticising that office.
I'VE feel it our duty to censure Judge
GIBBS for making charges without suffi-
cfnt foundation for them.
unanimous and is signed by every one Of
tie twenty-three Grand Jurors"
Judge Gibbs Reply.
m his statement Judge Gibbs said In
pTt:-
J do not understand under what theory
oflaw OF justice the Grand Jury under
taes to become the censor OF my official
rerarks or tho judge OF my official ac-
tios and opinions. This, in my judgment,
Is Is blow at the integrity and independ-
enc OF the judiciary and is another
!, string indication that some, Grand Juries
hae wrong conception OF their duty
an function.
Ct has become fashionable OF late for
: grind Juries and grand jurors, overcome
: With their Importance in the exercise of
, glittle brief authority, 10 assassinatc and
estroy the character and reputation of
[ pblic officials WHO have given their all
: the interest OF the public.
, III the District Attorney regards my
lltatement in the John Morris case as
charges against his official rectitude and
Integrity / now invite him to join with
me In an application 20 tho Governor OF
the state of New York to appoint the At
torney General TO investigate the condi-
tions criticised By me as TO his office In
this case. and promise him now that IL
such an investigation takes place that
Sudll Tall tHt dtttitlOU Oh lle AttOTney
General to some other cases which may
be properly investigated. I am also pre-
pared TO join with him in the interests OF
the public in the making OF an application
to the Supreme Court which has received
It's presentment TO make public the min
utes of the Grand Jury in this investi-
cation so that the whole proceeding may
obtain that degree of public considers-
ton that IL deserves
Refuses TO Retrsct.
'T make no retraction and do not intend
TO do so. and I am ready and waiting. at
any time, anywhere, to have my criticism
subjected TO the test of fair, unbiased
and impartial analysis.
There Us a great principle involved In
this controversy which overshadows--if /
may be permitted to use the word made
very familiar by Grand Jurors recently
tho original merits of this situation, and
that Is the freedom and independence of
the judiciary from constraipt and intimi-
dation by public prosecutors and others.
desire to assure all those interested that
this is only the beginning of the movement
TO establish the principle in this county
for all tinc that verdicts OF the Jury and /
official statements by the Court are not
subject To the review or criticism OF dts |
trict attorneys or grand iuries II
'Thy rule ot trial oy jury still obtains I