New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-31
Text of Court Charges
Filed With the Governor
.ooLor~;doee Protest Against Dismissal of Cases
Unheeded by District Attorney, Brought About
His Resignation, Says Delehanty

min Cream. Jacob Goldstein, LOUIS hatz
and William Tromofsky, and that you
had further agreed TO recommend 10
the court that sentence be suspended
on each OF them. The men named. as |
pointed out 20 Mr.. Dooling, acted mere
is as the tools and underlings OF the
other defendants, and such DISPOSE
ton would be an admission contrary
20 fact on the part Of the authorize
that the discharged defendants had
done no wrong.
"Travesty on Justice
~ protested at that time against
such a disposition. and | now desire 20
reDeat 20 you my protest and 20 say 70
YOU. in my judgment. IL IS a travesty on
Justice and an outrage to decency.
Having the knowledge | have OF the
cases and the conditions under which
they arose, do not intend to acquiesce
either actively or by my silence 20
what is proposed.
"No knowledge Of the cases could
have been acquired from any other
source. since the papers were placed by
mo with the property clerk when J lett
tho office on December 81. and were re-
turned 10 me on January 10 in exactly
tho same condition as when | depos-
tied them. and have ever since Deen
under lock and key in my safe.
OF. as Mr.. Dooling has stated 20
mo Won do not like the character OF
the witnesses. permit me 10 recall 20
YOU that these are the very agents OF
Inc defendants, selected not IN spite
of but because Of their bad character.
If the evidence has seemed so strong
10 the counsel for the defendants as 10
induce him 70 offer a plea of guilty for
Cream and Goldstein. on indictment No.
os.818. then it is certainly more than
sufficient against Sigman and Goldberg.
The evidence against these two IS ex-
nlicit. and 10 me there seems no reason
for the distinction proposed except that
Siqman and Goldberg are important
union officials and Cream and Goldstein
are not
Men Active Instigators'
THE men whom you now propose 10
discharge under circumstances which
will undoubtedly be represented by
them as a complete vindication, are
shown by all the evidence IN my pos
session. and which has always been at
YOUR disposal. 10 be the most active in
stigators and perpetrators OF these out
RACES.
Feeling as do on the subject, |
can no longer remain connected with
your prosecution OF these cases.
Respectfully.
"TUCIEN T. BREC KENRlDGE.'
MIR. Breckenridge. prior TO his reslg-
nation, prepared for the Acting DIS
trict Attorney. under date Of March
81, 1915, a memorandum OF pleas OF
fered by seven OF the defendants on
four of the indictments. This memo
randum is as follows:
March q, 1916.
Gre Union Troubles. -,
memo. for Mr.. Dooling, regarding
pleas: Co..
"Tsidor Doerner and Morris Stup-
nicker offer pea in simple assault on
Indictment No. l05,837.
"Iouis Katz. Samuel English and
William Tromofsky offer plea TO at
tempted extortion, as a mlsdemeshori
on Indictment No. l05,S96.
"Philip Gussin offers plea to az
tempted extortion. as a misdemeanor'
on indictment No. lO5.SO4.
BENJAMIN Cream and Jacob Cold
stein offer plea 70 simple assault o''
Indictment No. 9S,s1S.
"'No disposition is offered on IN
dictmeuts Nos i05.835 and 105,S3o:
Tndictmcnt No 105, S11.-Assault is
charged against seven men on account
Of troubles growing out Of the inter
nal discussions in the Bakers Union
No disposition has as yet been oherec
on this indictment.
Charges Planned to Prevent Trial
"These two papers indicate clearly
that without any examination of the
papers and without consultation with
the assistant specially retained (bui
against his vigorous protest when he
was advised of the plan that had been
agreed upon, the District Attorney
Edward Swami. in person, and his as
sistant. John T. Dooling. agreed TO So
DISPOSE of the cases as TO prevent trial
of them or the punishment OF any
guilty man.
al the time Mr. Breckenridge re
signed the cases were pending IN the
Supreme Court. am advised that they
appeared upon the calendar OF that
court before Judge Shearn, on March
"a and were adjourned to March 80
81 am advised that between March u
and 80 some application was made TO
Judge Shearn TO discharge the bail OF
the defendants, or 10 dispose OF the
cases other than by trial. IL IS evident
that such an attempt was not success
full. as on March 30 the cases were
marked off the calendar without date
Had Cases Transferred
"The April term Of the Supreme
Court. Criminal Term, was held by
Judge Benton, and was actually IN ses
sion on June /, 2 and 3. The June term
of the Supreme Court was held by
Judge Weeks, and was actually in ses-
sion on June 5. Notwithstanding the
fact that the Supreme Court was open
and that the cases were pending
therein, the District Attorney, on June
applied for and secured an order
transferring the cases from the Su,
preme Court to the Court Of General
Sessions.
"The cases were put upon the cal
eral Sessions on June Q, 1916, and
there the bail was discharged.
"The distinguished and high minded
the Court OF General Sessions no
doubt relied implicitly on the good
faith Of the recommendation presented
10 him by the District Attorney, dated
June s, and signed b. Deputy AS
sstant District Attorney and by John
I. Dooling, as acting District Attorney
Recommendations the Same
Though the cases differ widely in
their charges, and though the indict-
ments were drawn with precision, the
recommendation in each case is sub
stantially the same. The important
part OF it is as follows:
This is one of the numerous in.
dictments arising out OF labor disputes
which were the subject Of a genera