New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-08-06

were convicted In Special Sessions Of a
misdemeanor others against whom the
police sought 10 make a charge Of rclony
on the same evidence we're discharged
after the grand jury had refused to IN
dict them
After giving out his statistics Commits
sioncr Waldo Is quoted as having said :
when I gave out the statement In which
I said that sam" Paul had been arrested
eleven times within a year, it appears
that ! underestimated the facts. Remark
able figures aren't they"
lie was asked what reasons the various
judges and magistrates gave Tor DISMISS
inE tire charges.
None al air is said TO have been the
response Of the Commissioner. They just
said that We had not submitted enough
evidence. Why, last January | went be-
fore the grand jury. and one Of the mem,
hers told me that the grand jury could
not find indictments against certain gam
bi-rs unless Ne proved that the roulette
wheel cOntiScatad IN a resort had been the
one actually Used by the men arrested
Comment on Statement
Judge Swami and District Attorney
Whitman were both icd "a comment upon
tic statement 1ha, commissioner Waldo
gcve out. Nt.th.r q, sizes 20 engage in
any controversv witt thr Police Com
missloner. but they Ver. willing 20 IN
terpret some of the facts stated by him.
In the first place o., records OF the
Court Of General Sessions since l*o5 were
ransacked carefully b. Judge swami and
William Hanna, q clerk OF inc COZ g. The
name Of sam" Paul appeared nowhere.
Tic records of Special Sessions Tor 1910.
1911 and 1912 were also searched without
bringing his name to light.
~ don't want 10 take up the cudgels
on one side or the other said judge
swami. II should like 10 see harmon.
all branches of the city government work
in- together. certainly heve no quarre.
with the commissioner and would no:
give way T. my personal feelings ]
had. but think that he is making t!S
mistake in insisting or laying the blame
for the discharge Of alleged gamblers
upon the courts.
Most 0: the cases which failed y
was suggested 20 Judge swami. seem
10 have been thrown out In the po.ico
court or by the grand jury
IF O. magistrate fails TO hold persons
against whom the police believe they
have convincing evidence" said Judge
Swami. 'Tt is always possible for them
no 20 70 the District Attorney or %
General Sessions and on the application
OF the police the case would be submitted
% the grand Jury in spite OF the dis
charge in the magistrates court
LAS for the grand jury. II is boAy OF
Kicked men-representative citizens. Last
March charged the grand Jury.
offered the foremanship 70 r. Fulton
Cutting. lie refused TO accept II because
his brother had died recently, but that
shows the class OF people who are on tho
grand jury panel. II is not conceivable
that the grand jury OF New York County
could be Influenced by any improper mo-
t!ves 70 fail to find Indictments when
the evidence justified them.
Moreover. II the grand jury fails 70
return an Indictment when the police be-
lieve that they have presented a perfect
case il IS always possible TO resubmit
the case TO that grand jury or 90 an
other one II the grand jury has made
some mistake in tho Law or the evidence.
Certainly It would always be done II the
Police Commissioner requested It. The
grand Jury however is limited by Section
2Ss Of the Code OF Criminal Procedure,
which states that 1t can receive none but
legal evidence. The judge and the Dis
trlct Attorney can advise the grand jury
in matters Of law. but not as 10 facts.
OF the facts and OF the probative force
Of evidence the grand jury Is the supreme