The midland journal. (Rising Sun, Md.) 1885-1947, 1938-09-23


attorney under Tammany regimes,
later a New Deal district attorney
candidate, still later a member of
the securities exchange commission,
Ferdinand Pecora had a thoroughly
un-Republican background before he
was named to New York's Supreme
court in 1885. 4 aSls 81
Political or otherwise, Justice Pc
cora has found cause to sit en-
phatically and repeatedly on the Wig
orous young district attorney. Once,
when Mr.. Dewey pouted that he
was being treated like an ''inter-
loper in the courtroom" the justice
shot back that he resented the re-
mark. By the time he was through
presenting evidence, the 36-year-old
racket smasher could rest assured
he had built a good case, though his
courtroom conduct had sometimes
been irregular. .,,.'
As the defense began its case, two
abrupt developments threatened
Tom Dewey's attempt to convict
Jimmy Hines of conspiracy in Ar
thur (''Dutch Schu1tz") Flegen-
heimer's policy racket. First, De-
tense Attorney Lloyd Paul Stryker
asked that the case be thrown out
on grounds of insufficient evidence,
but Justice Pecora denied the mo-
ton after days consideration.
Few minutes later, the district at
torney began cross-exanining At
torney Lyon Boston, who made an
admittedly half-hearted, youthful in
Avestigation of Jimmy Hines while
an assistant under William C.
Dodge, Dewey's predecessor. I'm
der discussion was William Eel
loves Morgan, commissioner, of
markets, who testified regarding the
poultry racket before New York's
famed runaway" grand jury in
1885.
Asked Dewey. Don't you re-
member any testimony about Hines
and the poultry racket there (be-
fore the grand jury) by him?"
Zone moment!" doomed Defense
Attorney Stryker. 81 move for a
mistrial." = '4'
The defense commended Tom Dew
ey had made unfair reference to
grand jury testimony about a pos
sible criminal matter with which
Jimmy Hines was not charged.
Though the prosecution claimed At
torney Stryker had opened the SUBJ
ject, Justice Pecora thought other
wise. Two days he pondered the
mistrial motion. Then, to a tense
courtroom, he read a two-hour opin-
ion upholding the defense. Result:
One juror was ordered withdrawn
and the states laboriously built case
! was thrown out.
!. Next day, Manhattan wondered
] whether Tom Dewey's defeat would
cost him chance to be New York's
governor. A more pertinent ques-
ton was whether he wanted the Job.
Biggest worry of Empire state Re-
publicans who would run him for
governor is that no one knows
how he stands on labor, utilities, So
cial security, relief, civil liberties
or budget-balancing. But all-impor-
tant to voters is the district attor-
ney's record of law enforcement.
So greatly is he feared that Frank
lin Roosevelt is willing to. support
Gov. Herbert Lehman for re-elec-
ton despite the governors opposi-
ton to New Deal reform measures.
Foreign Dc
The fact that he became a grand
father for the second time was only
one reason why British Prime Min
lister Neville Chamberlain felt old.
To offset a London Times editorial
urging German annexation of
Czechoslovakia's Sudeten popula-
ton, the prime minister had to
speak louder than usual. Lest Adolf
Hitler think Rrifai,, uac canif,.la4