New-York tribune. [volume], June 09, 1918, Page 7, Image 35

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HYLAN AVOIDS COURT DECISION ON "WORLD'S" CHARGES
Judicial Determination of Twelve Serious Accu?
sations, Including Joining With Hearst in Cult
of Disloyalty, Transferred From Jury to Public I
JOHN' F. HYLAN, elected Tam?
many Mayor of New York las!
November through aid of
?hifewash appHed by William Ran?
dolph Hearst r-^? a libel suit brought
ff-th a flourish against "The New
York World," last Monday withdrew
uj3 libel suit for $525,00 and thus
-voided judicial determination of the
gerioua charges "The World" made
arninsl him. These are:
That his "legal services" forced
?he Black Diamond Automobile
Company, hi? client, into bank?
ruptcy
That he called in Alfred R.
Gosliri. international crook, to re?
organize the company.
That he altered a court record
?nrl abstracted legal paper? to
conceal his appearance a* attor?
ney of record in a suit based on a
false affidavit of service.
That, having collected a $3,7S0
judgment for a relative, he at?
tempted to retain $2,280.
That he attempted to induce
this relative to invest his small
remainder in Black Diamond
stock.
That lie knowingly accepted
money for campaign expenses
from a Goslin jailbird, who had
obtained the money by swin?
dling.
That he joined with Hearst to
aid pro-German propaganda.
That he conspired with the
agents of Germany.
That he was disloyal in time of
war.
Libel Suit As an
Election Factor
These charges are summarized
from Hylan's own legal complaint.
They were made by "The World"
during the campaign on the strength
ef considerable evidence, which was
presented.
The libel suit by which he
answered them was one of the chief
factors in his election, since it con?
vinced thousands of voters of his in?
nocence of the charges and of his
ability to clear his record.
Two suits were filed against the
Press Publishing Company, publish?
ers of "The World." The first listed
the first three foregoing grounds of
action as basis for $200,000 damages
for libel. The second, including the
other grounds of action, prayed the
court for a judgment of $325,000.
Mayor's Attorney
Pleads for Time
Upon these charges John F.. Hy
!an, through his attorney, filed suit
against the Press Publishing Com?
pany before his election as Mayor
last November. When the suits ap?
peared on the calendar in Justice
Cropsey's court last month "The
World" answered "Ready." But thb
attorney for the Mayor pleaded for
more time.
Indeed, the plaintiff seemed com?
pletely to have abandoned the posi?
tion for a speedy trial he had- as?
sumed in his petition to the court to
i consolidate complaints one and two.
At that time the attorney for the
Mayor, Frank Moss, submitted the
following plea for a speedy determi?
nation :
"Mr. Taylor (attorney for defend?
ant) in his affidavit said:
" 'It is therefore very important
both to the plaintiff and the de?
fendant, and also in a sense to the
public, that the issues raised in this
suit be promptly disposed of, and
that it be settled as to whether the
statements made in the defendant's
newspaper about the plaintiff were
true or false.' ??
"An inspection of the pleadings
\ shows that the same reasons apply as
j fully to action two.
"The defendant does not seek trial
I until May, and the plaintiff, recojrniz
' int? the necessity of a prompt dis?
position of the questions involved
and the establishment of the truth or
falsity of the article in the com?
plaint numbered two, has moved for
i a preference in May, in the interests
1 of the public and of justice, and to
; obtain a speedy adjudication of the
matters involved in both suits at
once, and will so continue to move."
But the pleas for speed became
pleas for delay as the plaintiff's at
: tcrney delved further into th<
; charges of libel. And on May 27 th<
: Mayor set forth in an affidavit:
Public's Business
1 Stood in the Way
"It has proved impossible to pre?
pare the case properly and to be in
i readiness for trial at this time.
! "' "The pleadings are long and in
! volved, the issues are numerous, the
ONE OF THE CHARGES AGAINST HYLAN
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?hlch ti St not u*ee??ejry t?T ?? to ra?ste. Viva ?oo^.a -*o ??r? a?
the ln?i?* ?ere Sm*t a? ?l?ele a*a Ve? York eay. proauee.
finoloae* fMA >enk2at an Black D2w?ohti AuttHtobil? Corvr?ny,
?hieh Ceepany I ?a* lnatnipatnteJ ?n or$anii?nf th? Tor? -par? c*
*pt3? lui, Va >.* v# nal? ere?? progrese. and ha va an? of tfce Moi
?otare lu? the Ceajfc?ajH I aa? ?t ?parata te-day in cotpbtaat.an ?tul
??p?rate*
Th? eajciaej la eapita4is?4 e* f500,000, ana ovar C2?0.0OO
ef r>? ?toca ta aw> ttlran. Tbt taOane? of etock ?p to I309.00O
??111 T.? aeitf far tmXt of Uva par Vele*?
I? is ? >??> Yot!-. CcrRffratten*fully pal? Mi?.no?-MW8ajaMa>
*?? rtaao? I toaxs? tattreate* ama, that tTw.Autoir.eVi? tu? tute*.
t?ta? ? ???-iMwttry, 3 f?u that thtr? ?a? ?.?rcat cpj-ertanityi?
chat tasa ?it* ajgraealre ?an to tttl&a u?"Wgr?ai tttateaat, Th?
tat* ?atBMrotaa mitt tha foepwy t?t ?.cmaarvotiv? tantl ??rtatl??
I ?-Mtsea? <ur?. X ?evi? jjj? to Mtt? yoff tirvatt, aay 8800 tn ?*?
eaanMBy r-htaa ?til *? ? eoc?\ l>?atUient.f?r you. If jan ?rtia^aH
tttnttraat yirafatlft? ta? e?ta*4 af 1500 In our-Co?sj>wiy? 1 ?IU
toHriwa to ye? *e*ut tl.000 e'aa> and $1,000 f?r ?slu? ?X at fro* to
?ar Oaavaay. 7f yo? 4? not oar* *o fart?t, will fomard to 30* th?.
an**?? a? rirt't ?Uta ?eeScnstea.
I tatnk V ?*nrt D?.v?*Jo util 1 ?ill * ?Ha to ama ?r?
'? ?b?aa.
?6?ra 0U><,,
^A?-?i--3^
???v-X*
This letter, urging Mr. Purcell, a relative of Hylan't;, to buy Black
rjatnond stock, was a part of the evidence against Hylan published by
^Jfte World." The charge was made that Ilylan knew the stock to b?
???littl? value %t tho time he wrote this letter,
WHY HYLAN SUED FOR LIBEL
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7
JOHN r. HVLAN
M/UW
?..DU?? A?* ??lOMWbVMi
N?W V???? <?IW
A "World" Cartoon Specified by
Hylan in His Suit
preparation of the facts in view of
the pleadings and the proceedings,
as I have followed them, is a heavy
task requiring conferring between
my counsel and myself, and many
other reasons, to an extent quite un?
usual, and over many days and
?weeks.
"I fully intended when these ac?
tions were set down to have the con?
ferences and attend to the matters
which I believe and which my coun?
sel, Frank Moss, advises me are es?
sential to preparation to trial, but
day after day the conferences have
been put off, and it is a literal fact
that we have had no conference what?
ever at which the details of the case
have been taken up and discussed.
"I believe, and am so advised by
my counsel, that preparation will re?
quire at least a month of time, and
in the exigencies of the public busi?
ness I have not been able to find it
and cannot find it during the month
of June.
"I have felt that in pressing these
suits I was exercising important per?
sonal rights, but I have been prevent?
ed by the unavoidable expenditures
of time and energy in the office of
Mayor from preparing these trials.
"For the reasons I have stated, I
request that the cases be passed over
until the October term."
Hearst Charged
"World" With Delay
Meanwhile, though the Mayor was
sparring for time and the attorneys
for "The World" were anxious to
pioceed with the trial, William Ran?
dolph Hearst pictured the reverse
condition in his "New York Ameri
can" of Wednesday, March 13, 1918.
As Howard Taylor, counsel for
the Press Publishing Company,
points out in an affidavit, sworn
May 28:
"Plaintiff's request for delay when
the cases actually appeared on the
day calendar demonstrated, in view of
the following article in 'The New
York American' of Wednesday, March
18, 1918, that his attitude regarding
the suits is disingenuous toward the
court and the public. The article is
as follows:
Mayor Want? Early Trial of Libel
Suits
Counsel for Mayor Hylan in the
libel suits against "The New York
World," growing out of charges made
in the last campaign, is seeking to
obtain an early trial. Before Justice
Jaycox yesterday motions were made
by both si?*?? for preference in hear?
ing the two actions of the suit. The
court permitted, consolidation of all
matters relating to the Black Dia?
mond Automobile Company in one
action and those relating to the
charge of treason in another. Samuel
M. Fleischmnn, counsel to the Mayor,
said last evening:
"The Mayor is willing and anxious
to try these cases, but 'The New York
World' has repeatedly blocked all ef?
forts to get these cases on trial."
"When this newspaper article ap?
peared deponent communicated with
Mr. Samuel M. Fleischman, called his
attention to the fact that his sup?
posed statement as to the defendant's
attitude was the opposite of the
truth, and asked him to publish a
correction. He did not do so. It now
appears that not only has 'Tho New
York World' made every effort to get
these cases on trial, but that the
Mayor is not unxious and willing to'
try them.
"The defence in these cases has pre?
pared them for the trials and is ready
Rnd desires to proceed with them?
in Action No. 1 at once, and in Ac?
tion No. 2 upon the conclusion of the
trial of Action No. 1."
When the court denied the Mayor
NOTE DRAWN bu CHARLES E. TURNER. ON WHICH MOTHER OF ALFRED E
GOSLIN RECOVERED JUDGEMENT
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o? Ciaba.
SdH?f??tIa? fi&d(4al?4
TU? <Wi t???eaptiB,?ttd?r?d taflgawa? on fta,y f p H 4?y <?c*?-r *?"" ? ?? *"?* "? ?
total
/ * *? tsjra ?OaUj
Ei?uctlou lasa? ,^_ w w ? * ?
No?c? o? Appeal ?orred 180 ^ '
'. Appeal Mrrcd
Undertaking ob Appeal filad
100
Record of the Missing Papers, With Hylan's Name as That of the Man Who Took Them
further delay in the trial his attor?
neys, Moss, Marcus & Wells, of 233
Broadway, withdrew the action on
June 3 at the Mayor's instructions.
Justice Cropsey, of the Supreme
Court in Brooklyn, had no alterna?
tive but to dismiss the action, which
he did last Monday.
The costs of the case were charged
against the Mayor. In addition.
Howard Taylor, counsel for the
Press Publishing Company, has re?
quested extra costs not to exceed
82,000.
His Attorney
Explains the Position
By way of explaining the Mayor's
position his attorney points to the
following letter from Mr. Ilylan re?
questing withdrawal of the suit:
May 81, 1918.
Frank Moss, Esq.,
Moss, Marcus & Wells.
233 Broadway, New York.
My Deiir Mr. Moss: I have asked
the court to postpone my action
against "Tho New York World."
The reason for this request was the
preat pressure of public business
upon me at this important time. The
court hHs refused what appears to
me a very reasonable request, made
in the public interest. I am com?
pelled, therefore, to ask you to dis?
continue the actions, as it seems to
mo that my first duty is to the public
in these critical times, and that I
should devote my full time and atten?
tion to the public business and not
to the prosecution of my private law
1 suits and personal matters. Ajb far
as .vindication is concerned, I know
of no vindication of any judge or
jury that can equal or approach the
overwhelming verdict rendered by the
people at the last election. Any other
vindication, no matter how complete,
would seem feeble and futile in com?
parison, and would add nothing to
the honor that I have received from
the public and to the gratitude I feel
toward them.
Very truly yours,
JOHN P. HYLAN, Mayor.
The answers filed by Taylor, Jack
eon, Brophy & Nash, attorneys for
?the Press Publishing Company, to
' the complaint setting forth the May.
i or's grounds for libel, pray the court
?upon "total defences by way of jus
! tification,'* for judgments for the
. defendant.
iHylan's Interpretation
; of "The World's" Charges
The publications of alleged libel,
; as the Mayor himself interprets
I them, are summarized as follows in
, his legal complaint. Amplifying
data are given in parentheses.
"That this plaintiff was an asso?
ciate of a swindler and convict named
Goslin, and a participant with him
in improper acts." (Alfred R. Goslin,
jailbird and known participant in
many stock-jobbing fraude).
"That the pluintiff called in said
Goslin to reorganize a corporation
known as the Black Diamond Auto?
mobile Company, knowing that he
was a swindler and a criminal, and
that he joined with ?aid Goslin in an
effort to commit fraud concerning
? said company, and that this plaintiff ;
I improperly sued the said company !
and by so doing wrongfully brought
it to disaster." (The "improper" suits
for "legal services.")
1 Tried to Unload
I Stock on a Client
"That this plaintiff endeavored to j
unload stock of the Black Diamond
Automobile Company upon a client,
knowing it to be of little or no
value." (The client referred to was
Charles A. Purcell, a relative by
marriage.)
"That while this plaintiff was a
| candidate for said judicial office
; i Municipal Court Justice) he know
! ingly and wilfully associated with a
1 professional swindler and knowingly
j received money from him, whose
i money was derived from crimes."
j (Namely, Alfred R. Goslin, a notori?
ous bucketshop swindler, who had
j served terms in prison for forgery
j and conspiracy.)
"That this plaintiff knowingly ap
j peared as an attorney and represent?
ed persons acting in behalf of said
Goslin, a swindler and criminal, in
improper suits In court, designed to
extort money from defendants." (That
is, so-called "strike suits," a well
known and long used device of Gos?
lin, who "Tho World" charged acted
through an associate named Anna
Irene Magher, for whom John F.
Hylan appeared as attorney of rec?
ord, according to four index refer?
ences in the Third District Municipal
Court.)
"That this defendant, abstracted or
caused papers to be abstracted /rom
court tiles, and that the minutes of
Facsimiles of Hylan's Letter to Gos
in Thanking Him for His "Interest"
the court show that this plaintiff has
abstracted said papers." That is,
papers in the case of Whitney vs.
Schwartz, based on a false affidavit
of service by Charles M. Dun, which
disappeared from the archives of the
Brooklyn court when District Attor?
ney Jerome began to gather evidence
against Goslin. On the margin of
the record appears this notation:
"Taken by Hylan, 1030 Gates Ave?
nue, party to examine." The words
"Hylan, 1030 Gates Avenue," have
been scored out, but are plainly legi?
ble, and the unmarred portion of the
record reads: "Taken by party to ex?
amine.")
"That the plaintiff as a lawyer or?
ganized the Black Diamond Automo?
bile Company with a fictitious capi?
talization of $500,000 upon a paid in
capital of $1,150, and that the stock
of the said company over and above
the $1,150 which was paid in was
fraudulent stock and was issued for
the purpose of enabling the plaintiff
and a notorious stock jobber and
swindler named Goslin to sell such
fraudulent stock to the public, and
that this plaintiff actually attempted
to palm off such stock on a client
who was married to his own cousin."
(The client being Charles A. Purcell,
of Chicago, who refused to buy such
stock and engaged an attorney t
demand an accounting of the jud?
ment of $3,780 collected for him by
John F. Hvlan.)
Excessive Legal Fee
For a Relative
"That this plaintiff collected a
judgment for a relative of the plain?
tiff by marriage for $3,780.20, and
this plaintiff, without any agreement
or any right, attempted to charge
$2,280.20 for collecting it; that he
had no right or proper reason to
make any such charge and that the
plaintiff wrongfully endeavored to in?
duce his said client to accept some
stock of the Black Diamond Automo?
bile Company, . . . knowing it to
be worthless or of greatly impaired
value, and that the plaintiff had made
an additional payment to his client
because of a guilty conscience, and
fear of public exposure, and not from
any proper motive." (An additional
$1,375 was paid by Hylan to Charles
A. Purcell, already referred to, after
Purcell had engaged attorneys and
threatened legal action for an at
counting.)
"That this plaintiff, directly or in?
directly, had received money from
Alfred R. Goslin, a swindler, and
that he had had improper confiden?
tial financial relations with the said
Goslin, and that he received such
| money from said Goslin knowing him
? to be a swindler.
"That the plaintiff's conduct (re
I ferring to a cartoon) had been bad
: and that his record was foul and dis
\ reputable; that being the meaning of
i said picture.
? What Charges
Mean in Character
"By the entire publication afore?
said, the words and picture, the de?
fendant intendud to say and to charge
and to cause the readers of 'The
World' and people generally to be?
lieve that this plaintiff was a deceit?
ful, untruthful and dishonest man
and was the associate of dishonest
and criminal persons, and was guilty
of dishonest practices, and a false
attorney, betraying and attempting
to betray his client, and seeking his
own advantage at his client's ex?
pense, and that he was a bad attor?
ney at law, bringing unconscionable
suits and abstracting court papers
and erasing a court record?all in the
particulars stated in said words and
picture?and that these characteris?
tics remained with him while a law?
yer and a judge and continued down
Bold Answer to Charge*
One of the Chief Fac<
tors in His Election
to the time of the publication of th*
said picture and article.
"That this plaintiff was a W0J^lft_
blustering, noisy and grossly ig?
norant person.
"That this plaintiff wrecked tha
only business in whk'h he ever waa
engaged and that his character was
such as to invite wicked and disrep?
utable persons to practise oppres?
sion and extortion upon the people of
New York City if the plaintiff should
be elected as Mayor, for which office
he was a candidate."
The Expose of
German Propaganda
The Mayor pointed out in his com?
plaint that the Mitchel speech a3
quoted was printed by "The World"
in proximity to a printed copy of a
; letterhead of "The Friends of
' Peace." By the quoted word? and
letterhead, the Mayor alleges, "The
World" charged and caused its read
1 evs to believe "that in the period pre?
ceding the declaration by the United
States of America of a state of war
between itself and Germany, and
jwl.ile Germany was hostile toward
the United States, the plaintiff joined
with other persons, some of them be
; ing German agents and spies, to aid
; and encourage Germany in said hos
, tile conduct and to discourage
i American resentment and retalia
i tion, and to separate the United
! States from the European nations
! which were at war with Germany
and which were in euch friendly re?
lations with the United States that
they became her allies before Oc?
tober 31, 1917, and that he (plain?
tiff) was in heart and purpose a
traitor to his country, the United
States, and had knowingly associ?
ated and continued in association
with the society called 'The Friends
of Peace,' which, the defendant
charged, was founded by a German
spy, and was so disloyal to American
interests as to applaud the sinking
of an American ship by a German
war vessel without warning before
raid declaration of a state of war
had been made; also that after said
declaration had been made the
plaintiff, being an American citizen,
? was the friend, associate and consort
of traitors and of associations of se
; ditious and disloyal persons, who
' were making a concerted effort to
cause the election of this plaintiff as
> Mayor of New York City in order
that the Hohenzollerns (meaning the
Emperor and the ruler of Germany)
might through this plaintiff seize
and hold the government of New
York City and corrupt its people
against the government of the
United States, and in favor of Ger?
many; and that the candidacy of this
plaintiff was an attack upon the
United States of America on the bat?
tlefield; and that the plaintiff de
1 served to be held as a traitor in
hatred and execration by his fellow
; Americans; and that the said words
alleged to be quoted by the defendant
from a speech of Mr. Mitchel were
, the sentiments of the defendant as
expressed in its leading headline, to
i wit, 'Mitchel Exposes John F. Hylan
i as German Propagandist.' "
Mayor Hylan based his second
; libel action in part on "The World's"
j reports of campaign speeches by
Jt hn Purroy Mitchel, who was May?
or at the time the speeches were
' made. Hylan claimed that "The
World" libelled him in printing May
: or Mitchel\s Erasmus Hall High
| School speech, from which, in his
?complaint, Hylan quotes as follows:
"I accuse John F. Hylan of aiding
! and abetting pro-German propa
\ ganda; I accuse John F. Hylan of
, being associate of paid agenta of
Germany; I accuse John F. Hylan of
aiding in effort to alienate this coun
i try from nations now our allies; I
accuse John F. Hylan of b?inK pub
: licly allied with men whose dis
; loyulty has been officially denounced;
? I accuse John F. Hylan of member
i ship in a society which in conven
j tion applauded sinking without warn
I Ing of a peaceful American ship."
I Two Other
Serious Charges
But the Mayor's summary of the
' charges against him made by John
j Purroy Mitchel omits the following
'; two Mitchel accusations referred
i to in "The World's" answer' in the
j suits :
"I accuse John F. Hylan of secur?
ing the political and personal sup?
port of William Randolph Hearst by
joining with Hearst in the cult of
disloyalty.
"I accuse John F. Hylan of being
publicly allied with men whose dis?
loyalty to America has been officially
denounced by the United States gov?
ernment ? Cohalan, Dovoy and
O'Leary."
The ship referred to above hi tiv
j American liner Hesperian, who?
: sinking was applauded in the Chi
cago convention of "The Friends o
Peace," organized by Albert Sandes
formerly an employe of Williajr
Randolph Hearst, but now in priso
on his plea of guilty to a charge o
red-handed violation of America
neutrality.
ft