New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-09-26
District Attorney OF
Queens Contests Re-
moval from Office.
INDIGNANT AT ACTION
OF GRAND JURYMAN
Tells of Surprise When tllert
Case Is Taken Up at Judges
Direction.

, District Attorney Matthew J. Smith,
Of Queens, took the witness stahu J."
his own defence yesterday at his tria'
IN charges before Commissioner
Henry J. Bingham in the Queens Coun-
ty Courthouse. His removal from OIL
flee is asked for failure to prosecute
James HefFernan and Harry Scanloh OIL
charges made by Mrs. Clara Ellert' sew
enteen years old. Their misconduc"
Mrs. Ellert alleged, took place III the
Democratic Club of Long Island CITY,
Of which District Attorney Smith Is
campaign manager.
IIeffernan and ScanlOn were prose
cuted by the Attorney General henei
mar is serving three years in Sing sing
and Scanlon is to be retired this iall'
Scanlon attended the hearing yesterday
with the young woman TO whom he Is
engaged.
Mr.. Smith was indignant at the ac-
ton of the foreman of the April
grand Jury, who, he said, had the
indictment against the two me"
drawn up and in his pocket when
Mr. Smith appeared before Ine
grand Jury. II was an intImation, SAID
Mr.. smith, that the indictments would
have been improperly drawn had lhey
been lett to mis- Office, although not an
indictment had been illegally phrssed
since he took Office.
lie had told the April grand jury up
and down, declared the District Attor-
rey, that they were supposed to take
legal advice from only one official, and
he was the District Attorney. He was
much surprised, Mr. Smith said, to hear
Judge Humphrey charge the April
grand jury to take up the matter as II
had already been referred to the March
grand Jury, which took the District At
tornpy's advice and threw the case out,
and he himself had told Judge Hum
phrey that the story lacked cOrrobo-
ration.
District Attorney Smith said that he
had sent Detective James ii. Cassidy, a
brother of Curly joe" to investigate
tn charges, and had himself listened
TO Mrs. Ellert's story. There was not
sufficient confederation to warrant
prosecution, he said Detective Cassidy
reported, he said, that both Heffernan
and Scanlon had told him the story
was untrue. He denied the truth OF the
testimony of Robert K. Haslett, who
said that he had told the District At
torncy Of an admission by Hefernan
that they had taken Mrs. Ellcrt into
the Democratic Club.
Detective Cassidy testified yesterday
that when asked by the District Attor-
ney to investigate Mrs. Ellert's story
he had gone to Hetfernan and Scanlon.
They told him it wasn't so.
isn't it unusual TO ask persons &C
cused of a crime if they did it as the
first step in an investigation asked
Joseph d. Edelson, Deputy Attorney
General.
"Oh, no." said Cassidy. eve go to
them in the hope of getting confess
sion. Of course, We have to take our
chances"
Police Magistrate Joseph Fitch, a
witness for District Attorney Smith,
testified that Mrs. Ellert applied TO him
for warrants after the March grand
Jury had thrown her case out and that
he had refused to issue them because
her story lacked the corroboration re-
uuired by law. On cross-eXaminatlon
he said that Mrs. Eiiert's charges had
been street gossip in Long Island City
Tor weeks before she came before him.
1t was also brought out on cross-eX-
animation that Mrs. Ellert did not tell
the whole story when she appeared be-
fore the magistrate and that her age
was not asked.
Judge Lucius \. Manley, Jarvis ).
Hicks, manager of the Long Island CITY
Savings Bank; Alvah /; Payne, an at
torney. and George w. Pople, president
of the Flushing Business Mems Asso-
citation, testified to the good character
of District Attorney Smith.
The next hearing will be on Thurs
day Of next week, when the cross-ex-
animation of Mr.. Smith will be con-
tinued.