The sun., 1916-12-31
SWAMI ACCUSED OF
FRAUD UPON COURT


D%elehanty and announced by him At Z
o'clock yesterday afternoon. II was I'm
mediatciy recalled that the only other
New York county District Attorney
elected by Tammany. Col. Asa Bird
Gardiner. was removed by a Repubii-
can Governor-Theodore Roosevelt-for
misfeasance In office.
Judge Delehanty had little to add TO
his written statements.
ut was my plain duty" he said. TO
investigate a condition which. In my
judgment. required Investigation. ] am
not Interested in these cases In n
way my only, interest is to see that no
fraud Is practised on the Court OF Gen.
eral Sessions"
wan Told Of Charges.
Mr.. Dooling hurried to the District
Attorneys ofte when he heard what was
up. with him was Assistant District
Attorney Leslie J. Tompkins. who is a
professor In the law school Of New YorR
University. They got into touch with
Mr.. Swami. who was at a New Years
party, and gave him the gist Of the Dele
hanty charges.
The twenty-seven indicted persons are
Joseph Miller, Benjamin Cream. Jacob
oOIuStetIs "dA 6t8 Hhai '" 'c'-
ham Goldberg. Philip Gussin, sam
Glazer. waxy Gordon. alias Harry
Brown and benjamin Lustig; Louis
wechster. Samuel Shore. Abraham
Mitchell. Abraham Silver. Sadie Lash
insky. Jennie Miller. Abraham Baron.
Samuel Lefkowitz. Morris Yulman. Jacob
Halpern, Solomon Metz. Harris Klein
man. Louis Katz, William Tromofsky.
Samuel English. Kulius woolf. 1sidor
Doerner. Morris Stuplncker and Morris
Feldman.
Hired Gangsters n strike.
In his memorandum Judge Delehanty
tells how acts Of violence by gangsters
and thugs In the labor disputes OF 1914
were Investigated by the Grand Jury and
Mr.. Breckenridge and many indictments
were found. One Of them was for the
murder Of Hyman Leibowits. and the
trial Of that aud two other cases caused
the adjournment OF the cases now In
question until Mr.. Swami succeeded Mr..
Perkins as District Attorney.
Most Of the principals In these cases
are accused OF being the labor leaders
who hired h thugs to beat up men and
women who insisted on working when a
strike was declared and to destroy the
property Of employers.
In his letter Of resignation. dated
March 20 this year. Mr.. Breckenridge
said that the investigation disclosed a
tale Of wrong and outrage and a use OF
gangsters and thugs in labor troubles
unparalleled In the history Of his u
try. 1t was shown by testimony believed
by a Grand Jury that men temporarily IN
ontrol of the labor unions in the clothing
and other trades directed n i~nstigated
unnumbered crimes Of murder. robbery.
assault, riot and injury to property"
Gang Attacks Renewed.
During the Whitman and Perkins ad-
m~inietrations, Mr.. B~reckinridge contin'
ued. illegal use Of gangsters was sup
pressed. but within the past two weeks
Ave raids have been made unlawfully
upon the shops Of employers In this city.
thus indicating a recurrence to condi.
lions such as were revealed by 'Dopey'
Benny. Jew Murphy and others OF
their ilk."
His letter 10 Mr.. Swami also said:
During the latter part Of the year
1915, from q number Of sources infor-
nation came to the ONCE Of the District
Attorney that every EFFORT would he
made to adjourn these cases to your
term Of office. with the expectation that
they would not then be prosecuted. or
that action would be taken In them
which would be entirely satisfactory to
the union officials"
When Mr.. Breckinr,dse resigned the
cases were pending IN the Supreme
Court. Judge Delehanty In his memo
randum notes that an attempt W.
March "a and March 80 to have Justice
Shearn discharge the bail Of the de.
fendants wa unsuccessful, and that on
June . Mr.. Swami had the cases trans
ferred TO General Sessions.
on June . the bail was discharged.
says Judge D~elehanty. by a 'distin-
guished and high minded Judge. who u"
doubt relied implicitly upon the good
faith OF the recommendation presented 10
him by the District Attorney. dated
June 6. and signed by a Deputy Assist.
ant District Attorney and by John 7.
Dooling. as Acting District Attorney"
This was done in Part !. Of General
Sessions. The Judge assigned to that
part at that time was Judge Grain.
whom Judge D~elehanty does not name.
The young Deputy Assistant District
Attorney who signed the recommended
ton was Edward Well. who had held his
job only three months when the cases
We're turned over to him.
''PIanned By Swami Personally"
Judge Delchanty Gays that wen q
man Of wide experience could not learn
between the end Of March. when Well
took over the cases from Breckenridge,
and June 6. when discharge from bail
was requested. all that could be known
OF these cases.
ut is Of extreme significance" con-
tinue Judge Delehanty. that there was
prepared and presented to a Judge Of
this court a Recommendation which ap-
peared to be a matter OF routine. and
which purported 10 represent tho result
Of an investigation concluding in June.
The fact Is. IS Is shown in the letter Of
Mr.. Breckenridge. that the disposition
made in June was actually planned in
March by District Attorney Swami In