The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-05-29

Alfred j. Talley, counsel for the
Catholic priests who were accused last
week by Mayor Mitchell. said last night
that his clients welcomed whatever
! prosecution the Mayor intended. Mr..
Talley. however. did not expect that the
Mayor would prosecute. In a statement
to THE l. he declared hat the Mayor
had suffered a change of heart on the
entire charities case since the first tele-
phone wire tapping in connection with
1t was disclosed.
Whatever prosecution the Mayor
~contemplates." said MIR, Talley. can
not come any too soon for us. IL VIII
! lie remembered that when the wire tap
ping incident was first revealed in con-
nection with the charities inquiry the
' Mayor said that only three wires had
administration that any crime had been
committed or suspected as having been
committed on the part of the three
persons whose wires were tapped. 1t
been tapped. lie stated then that there
was no suggestion on the part OF the
was his statement that their wires were
tapped simply to entrap a fourth party.
Sees change I'm Mayors stand.
Now 1t seems he has suffered a
, change of heart. Not only does he
charge the fourth person. namely, Robert
W. Hebberd. former secretary OF the
state Board OF Charities. with crime,
hut the three others. lie says that Will
lam II. Hotchkiss. special Assistant
Corporation Counsel. told him that Heb
herd. on the stand at the Strong. invcsti-
CATION. had denied intimacy with pr. u.
e. Potter. AS n matter of fact Hebberd
and Potter have not been OH friendly
terms for quite some time. Therefore
the Mayor in his legal conclusions upon
his point liz as far afield as he was
when he stated before the Thompson
committee that the alleged telephone
conversations reported over the tapped
wires would he admissible IN a court
as evidence.
ANY law student finishing his first
year OF study knows that such evidence
AZ the Mayor presented TO the Thompson
committee would not be accepted in
court Of law. In order to ommit perjury
the matter in hand must be OF material
moment. Any one knows that the ques-
ton Of whether or not Potter and Heb
berd were on familiar terms was not Of
material Importance to the INVESTIGATION
OF the Strong commission. II would
seem on this subject that the Mayor Is
ignorant of the first elements OF the
rules OF evidence
Mr.. Tallcy said that the Catholic
priests accused by the Mayor knew alb
solutely nothing about the action Of the
United Independent Democrats Of Kings
oounty. who on Saturday night for
warded resolutions to the Governor ask
ing the removal OF Mayor Mitchell for
his activities In the wire tapping con-
troversy.
Says He stirred Grand Jury.
tJp said i'm vey.vd T., OuhjisIod no.
counts Of the action OF this organization
that the Grand Jury which indicted Com
missioner kingsbury of the Charities de-
partment and william ". Hotchkise. that
II was his complaint which stirred the
Grand Jury to action aud not that Of
the KINGS county Democratic organica-
ton.
In connection with the wire tapping
investigation OF the Thompson committee.
Seymour & Scy mour. lawyers IN the
Equitable Building. whose wires were
tapped by order Of the Police Commits
sioner. sent a letter yesterday to Frank
Moss. counsel TO the committee. review
Ing the entire controversy as far a. their
firm was concerned.
The lawyers said that they did not
oppose the use OF the telephone 20 detect
crime, but felt that in such use assaults
on personal liberty should be guarded
against. They said there was no crime
which the police might expect to detect
by tapping their Wires; that Their. was
no traitorous clerk In the Morgan offices.
and that there was nothing TO the theory
that the police were trying to Illustrate
"A Mexican plot. The Seymours added
that there was never any a%ntagonism on
tho part Of their firm against the Nor
gan house,
Tell Of Oner to Britain.
They quoted "A letter which they wrote
last June TO Earl Kitchener, Secretary
Of state for War Of the British Empire
expressing their Willingness to negotiate
for munitions for the Allies. They also