페이지 이미지
PDF
ePub

X

REMOVAL PROCEEDINGS AND INVESTI

GATIONS

X

REMOVAL PROCEEDINGS AND INVESTIGATIONS

Proceedings for the Removal of the District Attorney of New York County*

Charges by a committee of stockholders of the Metropolitan Street Railway Company, William F. King, chairman, were laid before the Governor on February 25, 1908.

ORDER DISMISSING CHARGES

STATE OF NEW YORK- EXECUTIVE CHAMBER

Albany, March 23, 1909

BEFORE THE GOVERNOR:

In the Matter of the Charges Filed by William F. King and Others Against William Travers Jerome, District Attorney of the County of New York.

An application for the removal of William Travers Jerome from the office of District Attorney of the county of New York having been made by William F. King, and others, representing a committee of stockholders of the Metropolitan Street Railway Company, which said application is based upon twenty-three charges; and the said William Travers Jerome having made answer thereto;

And certain of the said charges, to wit, the second, third, fourth, eighth, sixteenth, seventeenth, nineteenth, twentieth, and twenty-first thereof, relating to the former term of office of the said District Attorney, at the expiration of which he was re-elected, not being within my jurisdiction;

And the Honorable Charles Andrews having been appointed by me as Commissioner to take testimony and report upon the remaining charges; and the said Commissioner having thereafter resigned, and the Honorable Richard L. Hand having been by me appointed in his place and stead as such Commissioner;

*See Public Papers of Governor Hughes for the year 1908 for prior papers in relation to this complaint: pages 187, 188, 189, 190 and 191*

And three additional charges having been subsequently made by the aforesaid petitioners and having been referred by me to the said last named Commissioner;

And the said Commissioner having duly taken the evidence of the parties, and having duly made his report thereon, wherein he finds that none of the said charges have been sustained, and that they should be dismissed;

Now, after consideration of the said charges, the evidence submitted thereon and the said report, it is

ORDERED that the said charges against said William Travers Jerome be and the same hereby are dismissed.

1

CHARLES E. HUGHES

GOVERNOR'S OPINION

STATE OF NEW YORK

EXECUTIVE CHAMBER

Albany, March 23, 1909

In the Matter of the Charges Filed by William F. King and Others Against William Travers Jerome, District Attorney of the County of New York.

The petition for the removal of William Travers Jerome from the office of district attorney of New York county was filed by William F. King and others representing a committee of stockholders of the Metropolitan Street Railway Company, and was based upon twenty-three charges. Of these charges, nine related to the former term of office, at the expiration of which District Attorney Jerome was re-elected by the people, and are not within my jurisdiction, to wit, the second, third, fourth, eighth, sixteenth, seventeenth, nineteenth, twentieth and twenty-first charges. The fourteen remaining charges related:

(1) To alleged neglect of duty with regard to certain cases of bribery of jurors to wit, the first charge.

(2) To certain specified matters disclosed in the course of the investigation in 1905 of the affairs of life insurance companies by the legislative committee known as the Armstrong Committee, to wit, the fifth, sixth and seventh charges.

[ocr errors]

(3) To certain matters connected with traction companies in the city of New York, to wit, the ninth, tenth, eleventh, twelfth, thirteenth and fourteenth charges.

(4) To certain criticisms of judges, to wit, the fifteenth charge.

(5) To the claim of neglect of duty with respect to the prosecution of alleged monopolies, to wit, the eighteenth charge.

(6) To the charge with respect to the retainers of a former assistant district attorney, to wit, the twenty-second charge; and finally there is

(7) The twenty-third charge, which is practically a summary of the petitioners' claims under the other charges.

In order to secure the ablest and most thorough consideration of these charges I appointed Honorable Charles Andrews, former Chief Judge of the Court of Appeals, as commissioner to take testimony and report, and when it appeared that he was unable to continue the hearings I appointed Honorable Richard L. Hand in his place.

The commissioner took the testimony which was offered by the petitioners and the district attorney, properly disregarding merely technical rules of evidence in order that all matters presented might be fully considered on their merits. The hearing was a protracted one and the evidence adduced, in testimony and documents, covers many thousands of pages and relates to a variety of transactions. During the taking of the testimony, certain matters were developed which were made the subject of additional charges against the district attorney, as follows:

(1) With respect to his interview with a certain person, who was under indictment, with regard to the retaining of counsel.

(2) With respect to his gambling in a restaurant and an alleged violation thereby of section thirty-seven of the Liquor Tax law.

(3) With respect to his alleged entrapping of a certain person into the commission of a crime.

These charges were also referred to Commissioner Hand. The commissioner in submitting the evidence taken before

« 이전계속 »