The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-08-17
GOFF'S QUEST TO
Be POLICE GRAFT
With Special Grand Jury
the Justice Will Seek
Bottom of Mire.
WORK TO BEGIN SEPT. 3
John Doe Proceedings to Get
Evidence Otherwise
Inaccessible.
SUPPLEMENT ALDERMEN
Courts Power to Be Used Where
Curran Committee Lacks
Authority.

Supreme Court Justice John W. Con-.
designated yesterday at the request Of
District Attorney Whitman to preside
over an extraordinary session Of the
Supreme Court in September for the
accused of the murder OF Herman Ros-
enthal. probably will have other and
more important duties than those OF
trial Judge.
1t Is the purpose Of the District At
torney to have Justice Goff cit as a
committing magistrate In a general in
vestigation OF graft and dishonesty In
the Police Department. Backed by the
power of the Supreme Court. Justice
Goff will be able to accomplish far more
than could the Aldermanic committee
with its limited power.
The exact authority Of the Curran
committee to compel the testimony of
witnesses and to punish witnesses for
refusing 20 testify has not been ac-
curately defined. There Is a suggestion.
however. that the committee cannot
compel unwilling witnesses to speak UP
and that 1t cannot Jail such recalci-
trants. This opinion is offered by Max
d. Steuer. who has looked into the legal
bearings of the situation.
Grand Jury Inquisition.
The District Attorney. having this in
mind, requested the Governor not only
to name Justice Goff as the trial Judge
of the Rosenthal case defendants. but
to gle Justice Con the power to con-
duct a Grand Jury inquisition which
could unquestionably get clear to the
bottom OF the graft mirc. Justice Goff
will be able to compel testimony and
force the penalties Of contempt Of court.
The programme so far outlined Is
for the special Judge to be at the head
of the most widespread John Doe in
uuiry In the history Of the city. Even
while the Aldermens investigation Is
going on. Justice Con- and his Grand
Jury Will be subpGnaing witnesses of
all sorts to appear and tell what they
know about dishonest policemen or
dishonest civilians and to reveal how
much money has been passing. and
who get II.
Very strong efforts have been made
to keep this plan secret. 1t was feared
that an announcement might scare out
of town gamblers and go-betweens for
the upper and under worlds. AS u
matter OF fact several sporting men and
politicians. who feared that they would
be netted in some such proceeding, have
left the city.
Hundreds to Re Called.
| But there are hundreds OF gamblers,
disorderly house keepers and sporting
men. as we'll az politicians. lawyers
and business men who will be John
Decd in the forthcoming special in
vestlgation To be conducted by Justice
Goff and the District Attorney.
| 1t was said yesterday that this plan
implies no suspicion or criticism OF the
Aldermen's Investigation. and that
there Is no reason why the two in
quirics should not facilitate each other.
| The point particularly made Is that a
| Supreme Court Justice, as n commit
ting Magistrate In John Doe proceed
! ings. would he able to extract more
secrets than could be brought out in
an Adermanic inquiry.
Mr.. whitman. Appeal to DIX.
Gov. Dix's order for an extraordinary
| trial term OF the Supreme Court, be-
ginning the first Tuesday in Septem-
ber. and naming Justice Goff to pre-
side, was the outcome of a letter which
District Attorney Whitman sent to
the Governor on Thursday by spc-
! cial messenger. The District Attorney
wrote:
SIR: have the honor to advise you that
as result tofinvestigation OF now being carried
| on by the Grand Jury of this county the
public interest. in my opinion. requires that
an extraordinary trial term of the Supreme
Court for the trial OF criminal cases should
be called as prescribed by law.
therefore respectfully request that you
appoint an extraordinary trial term OF
| the Supreme Court to convene on the first
Tuesday OF September. 1912. in the county
| OF New York and that you name the Justice
who shall preside at such term.
! 1t was known that District Attorney
Whitman favored the designation Of JUS
! tice GoY because Of the Justices expert
ence as prosecutor in the Lexow investi-
CATION and because OF Justice Goff' 3 famil-
iarity with police conditions.
Gov Dix complied with the request
| yesterday and named Justice GofY, not
only to conduct the trials of the Rosenthal
case defendants. but to conduct the gen
/ eral graft inquiry. After saying that he
had complied with the District Attorney Il
request the Governor. in his statement,
added.
While there has been no reason to doubt
the purpose and determination OF the local
authorities to thoroughly investigate the
shameful conditions Which are declared TO
cxist and to prosecute therefor through the
ordinary channels. had already come
to the conclusion that the ends OF Justice
would DO best served by the convening of
an extraordinary term OF court for the
express purpose both OF aiding such an
Investigation and Of providing for a speedy
and vigorous prosecution OF indictments
which may be found and for that reason
] am free to express my satisfaction that
the District Attorney has now made 1t
possible for me to carry out my convictions
without risk Of possible embarrassment TO
the office of the Prosecuting Attorney,
Move for Perma nent Good.
The Governor says he believes that a
determined and fearless inquisition under
Grand Jury auspices is necessary in addi-
tion to the Board of Aldermen's work
Ha cont inues,