New Britain herald., 1916-07-18
PROSECUTOR FACES
 CONTEMPT CHARGE
Refuses to Give Up Conversations
 Over Tapped Wires

New York, July 1S-Blocked in
 the very beginning of his inquiry by
 the absence of important evidence,
 Justice Greenbaum in the Criminal Branch of the Supreme Court yes- terday adjudged District Attorney Harry E. Lewis of Kings County and
 his chief of staff, Assistant District Attorney Hersey Eginton, in con- tempt of court for declining to pro- duce the wiretapping records upon
 which Mayor Mitchell based his charge that certain Catholic leaders,
 including two priests, had conspired to undermine his administration and obstruct the course of justice. Jus tice Greenbaum ordered the two Brooklyn prosecutors to appear be- fore him today and show cause why they should not be punished for dis obeying the mandate of the court.
 So important are these wiretapping records that the hearing which Jus tice Greenbaum is conducting as Magistrate to ascertain whether the crimes alleged had been committed can accomplish nothing without them. The records constitute a complete and supposedly accurate transcript of telephone conversations between Catholic clergymen and others which the police department obtained by tapping their telephone wires.
 Those whose wires were tapped and the defendants in the present proceeding are Rev. William N. Far rell, rector of St. Peter and St. PauIs Church in Brooklyn; Mgr. John J. Dunn, Chancellor of the Archdiocese of New York; pr. Daniel c. Potter, formerely a Baptist minister but now active in Catholic charities, and Rob- ert w. Hebberd, former secretary of the State Board of Charities.
 Mitchell Recommends Prosecution.
 After presenting the substance of conversations to the Thompson Inves- tigating Committee, Mayor Mitchell transferred all the records to District Attorney Swann with the recommen- dation that the three clergymen be prosecuted for libel and conspiracy as the result of their conduct during the charities inquiry. Tn these converse tions, the mayor held there was proof that Father Farrell and Mgr. Dunn had conspired to keep Dr. Potter out of the juricdiction, so that he could not be called upon to testify in the charities hearing. Mayor Mitchell also alleged on the basis of these telephone records that MT. Hebberd had committed perjury in his testi- mony before Special Commissioner Strong and should therefore be pun ished.
 District Attorney Lewis used these records as evidence in a grand jury which he began against Mayor Mitchell, Commissioner John A. of the department of char ities, and William A. Hotchkiss, coun- sel for the charities commissioner, on the complaint of the priests, who al legged that the tapping of their wires constituted a violation of law. Com missioner Kingsbury and MT. Hotch- kiss were indicted for conspiracy.
 Since then the telephone records have remained with District Attorney Lewis. Last Thursday he was served with subpoenas which directed him to appear yesterday with the records before Justice Greenbaum. William P. Allen, one of his assistants, ap- peared in his stead and declared that his chief had left town. A subpoena was then served on Hersey Egginton, acting district attorney of Kings County, directing him to appear at once before Justice Greenbaum with the records. He responded but left the records behind, having been or dered to do so by MT. Lewis. MT, Egginton told the court that Mi, Lewis declined to produce the rec ords, because they constituted a part of a grand jury proceeding, and as such could not be made public.