The evening world., 1911-01-06
WHITMAN SAYS
RECORD ANSWERS
Governs CHARGES
Lawyer Files Complaint With
Governor and Asks District
Attorneys Removal.
7 COUNTS.
Neglect, Favoritism and "Dele-
cation of Duties to Out
siders" Alleged.
INCLUDE 7 COUNTS.

District-Attorney Charles s. whitman
declined to-day to discuss. except brief
iy. the petition filed with Gov. Dix ask
ing his removal from Office. sidney J.
Cowen. former Corporation Counsel and
now practising law at No. $50 Nassau
street. filed the petition, which contains
seven distinct charges alleging NEGLECT
OF duty. unequal enforcement Of thc
law and tina the Distrlet-Attcrrcy
farms OUT his right to use judicial
discretion.
Mr.. Cowen says in his first count that
about a year ago a well known attorney
of this city committed forgery by al
tering. editing and falsifylng an orig
Ina record OF the Supreme Court for
the purpose OF defeating the recovery
OF about $500 by the petitioner.
The petition says that on three sep
arate occasions the facts OF the for
gerry were placed before Mr.. whitman
and tina he was furnished with the
names and addresses of Witnesses who
could testify to the facts presented.
Mr.. Cowen says he asked that me law
be put In motion and an Indictment
found. but according to the petition
Mr.. whitman refused point blank so
20 do"
Jewel Burglar Case.
The second charge concerns the ar
rest and escape of the three Jewel our
glars wanted in Boston and arrested
here In March last. They were b,fore
City Magistrate Peter T. Barlow In JEFF
ferson Market Court.
Mr.. Cowen charges that although the
prisoners were held for forty-efsSt hours
for examination no one from the Dis
trict-Attorney's office appeared before
the Magistrate on behalf OF the State.
and II was left to the caprice OF the
police alone TO produce or withhold such
testimony as they pleased. The jewelry
stolen was worth So. 900. but the Magis-
trate was informed Of the larceny OF
but $4,000 worth. The prisoners wero
released on sj.0D bail and skipped.
The next count In tho petition cites
the case OF Edward r. Rosenheimer.
tried and acquitted for the killing Of
Grace Hough. Mr.. Cowen says that the
case was turned over TO Assistant Dis
trict-Attorney Maynard and he declares
that the culpable negfigense OF Mr..
Maynard In conducting the case ex-
cited public omment and ridlcule.
Assistant Owns Saloon.
Mr. Cowen next called Mr.. Whit
man to account for not prosecuting the
proprietor OF "A newspaper who las.
summer printed a cartoon with the
caption "A New Barker on the job"
which exposed Mayor Gaynor to
hatred. contempt, ridicule and OBJ
loquy."
Charge fve states that Mr.. whitman
has appointed and Knowingly retains
L. - A. 1. ~.
York as one OF the attorneys for the
people OF the State one who Is the
lessee of a saloon In Manhattan where
LIQUOR selling. hand book business and
betting have been carried on. and which
resort has been conducted continuously
during the past year under the name OF
the said attorney"
Mr.. Cowen then charges the District
Attorney with neglecting TO place on
trial John H.. Tyson. indicted two
years ago for killing Olaf Gunderson by
running over him with the automobile.
The last count In the petition cites
that during the whole of the past year
there has been conducted at No. "a Mas
sau street a law ONCE managed by two
lawyers. Almuth c. vandiver. n partner
or former partner OF MIR. Whitman, and
John O.. Dyer. who together there pur-
Ne the business OF n District-A ttor-
ney." hearing cases OF persons charged
with violation OF the medical laws.
Mr.. Whitman's Reply.
District-Attorney Whitman would dis
cuss only briefly the charges. lie said
~ never heard OF the alleged forgery
by the lawyer whom he names. I know
the man TO be OF high standing both
socially and in his profession. The mat
ter. | am told. was brought to the at
tention of Mr.. O'Malley and Mr.. Per
Igna tutn Of 49, .g0tatanta Nphn HapLlaf