The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-26
SMITH May Be TRIED
ON OLD CHARGES TOO
Accusation Of Political Pcrsccu.
ton Is Not Dead, Says
Queens President.
PROSECUTOR NOT WORRIED
Judge Complains That District
Attorneys Office Is Behind
in It's Work.

Borough President Maurice g. Com.
molly of Queens said ycstcrdl, IT fin.
charges which he filed year sr, VII,
Gov Sulzer against District Auoru.y
Matthew J. Smith OF Queens
These charges are stu alive made
them and stand back Of them. The vera
filed at Albany and have never been acted
on. They have no connection with n.
present charges against Mr.. Smith. nor
have l."
Mr.. Connolly's charges included polt,.
cal persecution. misuse Of the Grand
Jury subpoena and use of the District Al.
torney's office for the purposes OF party
faction. MIR. Smith filed an answer on
August z, but the Sulzer Impeachment
caused the matter to be laid aside IN.
definitely. II Gov. Glynn wishes h. ma,
consider these accusations along with
Smiths record OF failure TO prosecute IN.
assailants of Clara Ebert. who was lutel
from the District Attorneys office 10 tue
Cassidy clubhouse and there attacked.
Mr.. Smith said yesterday that he ia not
worried over the prospect OF the Governor
removing him for his course In the Ebert
case.
Most District Attorneys have charges
filed against them" he remarked easily
why. last summer. when the Connolly
charges were brought against me went
over to see District Attorney Whitman
because I was n little uncertain what IN
do In answer. Mr. Whitman laughed and
told me III you don't have half dozen
sets OF charges filed against you In your
term you're lucky"
Mr.. Smith did not sec anything am.
biguous In Mr. Whitman's remark
County Judge Burt J. Humphrey Of
Queens complained from the bench yester-
day that the District Attorneys office is 50
behind In It's work that he will have TO cit
in July in order to get the calendar In De
cent shape. This was after several lawyers
had demanded that their clients he tried
or set free without more long waits.
District Attorney Smith was asked
about this. and also about y charge that
In his term he has personally tried only
one case. He said that his Office Is no,
particularly behind, considering the
amount OF work TO be done by himself
and his four assistants. AS for his never
trying case that was an old accusation.
"They said I never tried but one case.
and that for that one I dressed up In =
frock coat he grinned much Of my
work Is in getting eases In shape for the
court room"
Charles u. Burchard OF ~ Bergen ave.
niue, Evergreen. L. l.. "A Juror in tho case
OF Harry Scanlon. tried as one Of Mrs
Ellcrts attackers. called to see Mr.. Smith
and protested against "A printed lntlma'
ton that this jury. which disagreed. had
been fixed"
"Therc was nothing OF the kind sad
Mr.. Burchard. I'VE twelve men wcr,
guarded all night by six deputies who
didn't go to sleep. woke up In the mid
die OF the night and heard them talking
When stirred about they jumped up.
GOV. Glynn Is due back in Albany to
day to confer with Attorney General Car
mody and consider District Attorn6,
Smiths record In the Ellert case. Tit
Governor. II he finds that Smith acted
improperly. may call for an explanation
from the District Attorney and then re
move him. The Governor must also de- a
whether or not he will designate Su
preme Court Justice TO sit. that Scanlor
may be retired without delay.