New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-31

u. OJO
charges. 70 the robbery charge, and
70 the charge Of injuring property.
Signed Nv New Deputy
"The recommendation in each in
stance il signed by a deputy assist
ant. who. at the time OF the rcsIgns-
ton Of Mr. Breckenridge, had been
only three months in the District At
torney's Office.
"It was an impossibli'y for any
man. even Of wide experience. TO
learn. between the end OF March and
June s. all that should be known o.
those cases. II is Of extreme signih
canoe that there was prepared and
presented 20 judge r this court
recommendation which appeared to be
a matter OF routine. and which pur-
portcd 20 represent the result Of an
Investigation concluding in June.
"The fact is, as is shown in the letter
Of Mr.. Breckenridge, that the dlsposi-
ton made in June was actually planned
i'm March by District Attorney Swami IN
person. and there seems 20 be no non
est explanation for this proceeding, nor
does there seem to be any reason why
the District Attorney, who had IN per
son made this agreement 10 dispose OF
the cases, should not have assumed
the responsibility for the agreement
Responsibility Shifted
There seems especially TO be no res-
son why he should put upon the shoul-
ders OF his deputy the apparent re-
sponsibilty for disposition of these
cases. which ne himself had agreed 10
before his deputy had anything TO do
with the papers.
THE sham character OF tho recon-
mendations is evidenced by an exami,
nation Of the recommendation attached
10 Indictment No. 98,sl8, against BenJa-
min Cream. Jacob Goldstein. Max Sig
man and Harry Goldberg. Though this
indictment was found in 1914, year
before the general investigation, the
recommendation says:
"'This is one Of the numerous in
dictments arising out of labor disputes
which were the subject of a general
investigation by the grand jury IN the
early part of 1915. conducted under the
title. The People of the State OF New
York vs. John Doe, the object OF which
was to discover, if possible, who were
responsible for the use OF eangsters IN
labor disputes, which involved riots
and numerous petty assaults The IN
vestigation lasted several months, and
scores of witnesses were examined IN
an effort to get at the true facts
This particular case IS deserving
Of particular comment. The complain
ing witness, David Manusevitz, was as
saulted and brutally beaten on March
rs. 1914. while boarding streetcar at
Rvington and Clinton streets. The de
PENDANTS. Sigman and Goldberg, were
actually present and in charge OF the
gang which committed the assault.
THE complainant received a broken
nose. mis- teeth were knocked out. he
was kicked and trsmpled upon. wit
ness. Ehrenberg, was likewise as
saulted.
All Witnesses Available
THE assault war due to the fact that
this man continued to work in shop IN
which a strike had been called. The
men who committed the assault at the
instigation of Sigman are available as
witnesses. The case is one which can
readily be tried. The witnesses are and
Away. have been in the City Of New
York
THE complaining witness came 10
my chambers on Friday, December ".
1916. and stated 20 me that he had
not been in. nor asked 10 go, TO the
Office Of the District Attorney, had not
seen the deputy who signed the recon-
mendation and had not been visited by
any representative of the District At
torney. The witness, Gutenberg, like
wise came to my chambers and made
the same statement
70
chat he made an investigation and was
told by each of the other witnesses IN
this case that they in turn had not
been examined by the deputy who
signed the recommendation. or by the
District Attorney, or by his assistant,
Doolng. and had not been visited by
any representative OF the District At
torney's Office, nor requested 70 go
there.
Character of Witnesses
"The recommendation says that it is
based on the character and type of the
witnesses for the people Some Of
these witnesses are gangsters selected
by the defendants, who now confess
their guilt. Some also are citizens OF
the city who were brutally assaulted
and who felt-at least under former
administrations OF the District Attor-
news Office that they had right to
make complaint and to be heard.
"A recommendation was presented to
Judge of the Court OF General Ses-
SONS. on the credit of which he dis
charged the bail of the defendants.
they are now at large, though their
counsel offered TO the District Attorney
leas of guilty as to seven OF them:
This recommendation was filed with
out any real investigation OF the cases
and without seeing the witnesses.
The result is that the cases passed
upon by a grand jury and involving the
most vital interests Of the community
have been dismissed without being sub
mitted TO a petit jury.
Urges an Investigation
"Thc whole conduct of District At
tornev Swami in these cases should be
manfred into to determine whether a
deiiherate fraud has not been prac-
tised on the court. ! am forwarding 20
The Governor of the state copy OF
this memorandum for such action as ne
may deem necessary.
The motions pending before me are
returned TO the files of the court with
on, action. because, having once been
counsel in the cases, ] may not act as
indge of them. However, | am placing
this statment upon the record so that
anv Judge 10 whom the matter IS pre-
sented in the future may act with fuli
knowledge of the facts.
Swami Saved County