The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-25
POLITICAL PLOT, SAYS
PROSECUTOR SMITH
Queens District Attorneys Re-
ply Declares the Ellert
Case Inspired.
ATTACKS HER CHARACTER
Gov. Glynn Will Appoint a
Commissioner to Investigate
the Charges.

the Charges.
ALBANY July ,f<.-Gov. Giynn will APP
point a special commissions to take
testimony In the case Of District A.
torney Matthew J. Smith Of Queens
county, who 10 charged with failure TO
prosecute properly James Hebron and
Harry scsnlon, accused Of a.sauiting
Mrs. Clara Eilert in tho rooms OF the
Joseph Cassidy Club In Long Island
City
In Wow Of the contradictions in the
answer 20 the charges made against
District Attorney Smith, said the
Governor. II will appoint within short
time Q commissioner TO take testimony
in the case"
The Governor made public tonight the
answer OF the District Attorney to the
charges. A large part OF the reply II
devoted to the alleged character Of Mrs
Eiiert, and II Is set up that she got only
had improper relations with her husband
prior to their marriage but that she
forced him to marry her that before she
met her husband she was intimate with
young doctor in whose household she
was employed during tho illness OF his
| wife.
The answer further says that few
! DAYS after the assault she had made an
4 appointment TO meet Harry Scanion'
whom she accuses OF assaultins her and
| that upon his failure TO keep the appoint
ment she wrote him letter inviting MIN
to come TO her house on a Monday night
/
answer says. Is now In the possession OK
the Attorney General.
Charses q Political Plot.
District Attorney Smith declares that
the charges against him we're made at
the instance OF political and personal
! enemies
There are two bitterly opposing fac
,Ions OF the Democratic marty in the
county OF Queens he saws. The
| charges made by Clara Ellert were
spread broadcast In an EFFORT TO discredit
tho organization, which has its head
| quarters in the Cassidy Club house.
The matter was also finally brought
to the attention of Mrs Emo. leader OF
the suffrage movement OF Queens county.
who with mistaken zeal. In tho belief that
Justice was being denied a woman. con-
suited with County Judge Humphrey and
asked that the charges be submitted to
| t'rand jury.
"The March Grand Jury. which had
declined to consider the matter. was
called for "A term In the Supreme Court
The ensuing Grand Jury in April, 1914.
was charged by County Judge Humphrey
and he did. after he had been Inter
viewed by Mrs. Emo. call the matter to
their attention
Mr. smith saws that the charges are
preferred by IA newspaper man connected
! with Republican journal, the brooklyn
Times He declared that nothing could
be more sweeping and AT the same time
more indefinite.
A General Denial.
District Attorney Smith enters gen
eral denial OF tho charges and I'm his
answer seeks to Justify all his acts In
the Ellert case He says that Mrs. FL
lert, who complained OF being assaulted
in the Cassidy club house. made no out
cry and was not able TO supply single
witness who had either seen her or her
alleged assaiants In the clubhouse.
"She admitted" says the answer. she
had not mentioned the assault to her
parents nor 70 her friends with whom
she was living nor to any one for about
ten DAYS The District Attorney care
fully investigated the matter.
lie ascertained that the tanitor o'
the clubhouse stated that he did not see
- /
: ants there that after the alleged assault
Mrs Elert was winning and dining will
one OF her alleged assailants; that she
wrote him asking him TO call and SEE
her when She was alone; that she hac
: admitted immoral conduct with her hus
= band prior to her marriage and with
. another and that she had compelled hel
u husband to marry her.
:, an spite OF all this the District At
i torney submitted the matter TO the Grant
Z Jury and offered 10 subpoena and cal
: witnesses. but that body decided It wa
n unnecessary. Tho complainant thereupor
: made complaint to the City Magistrate
who also declined TO proceed with th'
case.
e Urged by a leader OF the Woman 6uf
l. frage party who iabored under the mis-
r taken impression that Justice was beinl
: denied woman. tho County Judge aske'
q that the case be submitted to anothe
J. Grand Jury The District Attorney dl,
so and indictment followed. This in II
- self IL proof that the District Attorne.
did his duty.
d Subsequently feeling that a convicto
II could not be secured, because there wa
s not sufficient corroboration OF the com
o palnant's story, the District Attorne
4 moved for a dismissal OF the Indictment.
e Several legal presidents are cited to Jus
n tify this action OF the District Attorney
N The answers says that tho motion
"a dismiss the indictment was denied b
" Justice Garretson mot upon the meritf
,e but for the reason that he believed IN
" matter should take the usual course an
1t that the public might see that nothin
,e was being done that could be criticised"
The answer then sets forth that III
N District Attorney thereupon asked TO
, relieved and that Deputy Attorney Ger
In erai be assigned to present the case.
m In the answer II Is admitted that
IA tt