New-York tribune., 1914-12-22
Prosecutor Did Not Shield
Assailants of Girl,
Bigham Finds.
REPORT RECOMMENDS
DENIAL OF REMOVAL
Result No Surprise IN Queens,
Where Term of Accused
Ends December 81.

District Attorney Matthew J. Smith,
the last remaining follower OF Curly
Joe" Cassidy to hold elective Office in
Queens. was Yesterday cleared on the
charges in the Ellert case. Special
Commissioner Henry Bigham recon-
mended that the charges be dismissed
and Smiths removal denied. The find
ings of the special commissioner crca-
ated little or no surprise in Queens.
Interest in the matter mad died out
&c large extent owing to the absence
of Smith from local political activity
and the fact that his term of Office
expires on December 81.
The commissioner report was
lengthy document, covering all the
phases of the alleged assault on seven
teen-year-old Mrs. Clara Ellert in Cas-
sidy's Democratic clubhouse in Long
Island City on December Is last year.
The charges, filed by Nelson d. Ray
nor, alleged that Smith failed in his
duty TO prosecute James Heffron and
Harry Scanlon. The cases were prose-
cuted through the Attorney Generals
Office. Heffron was convicted and sem
fenced to Sing Sing for three years.
The jury disagreed in the case of
Scanlon and he is now out on bail,
awaiting second trial.
Smith is a member Cf the Cassidy or
ganization and was campaign manager
of the party, whi,h had its headquar-
tiers in the clubhouse where the assault
occurred. Mrs. Ellert's husband was
locked up at the time on a charge of
which he was afterward proved inno-
cent. and it was while the young wife
was in the courthouse seeking bail that
she was lured to the clubhouse.
All attempts TO ge. her accusations
before a grand jury were unsuccessful
until Judge Humphrey, moved by sew
eral local women, specifically charged
a grand jury and indictments followed.
Before the defendants were arrested
Smith appeared before Justice Garret-
son and asked 10 have the indictments
dismissed.
Smith gave as his reason for not
prosecuting that there was not suf-
ticient corroboration. Commissioner
Bigham agreed with this view, and
said nothing presented to him was suf-
ficient 70 raise question "as TO the
good faith of District Attorney Smith
in his view Of the law and the facts
in that connection"
lie also said that he found nothing
in the testimony at the trials of Het-
from and Scanlon TO sustain the charge
that the District Attorney and his staff
assisted or attempted to assist the de-
PENDANTS.
Robert r. Haslett was the only wit
ness whose testimony directly involved
the good faith of the District Attor-
ney. according 10 the report Hoslett
is a reporter. twenty-three years old,
who first testified before the grand
jury that he knew nothing about the
assault on Mrs. Ellert.
He testified before Commissioner
Bigham that Hetfron had told him he
and Scanlon assaulted the girl in the
clubhouse. Haslett explained that he
felt safe in suppressng the facts be
fore the grand jury, as he assumed
District Attorney Smith would not
prosecute him for perjury. Conn mt
ing on Haslett's testimony, the COM
missioner said in his report:
ut is difficult adequately TO charac-
terize the testimony of Hsslett. He
admits. and without the slightest sign
of contrition, that he committed de-
.liberate and wilful perjury before the
grand jury when he testified he knew
nothing about the case"