New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-09-16
Priests Victors Over Mitchell;
Phone Tapping Charges Fail
Justice Creenbaum Throws Out Conspiracy Accusations
Against Mgr. Dunn and Farrell-Strong Com
mission Was Without Power

Charges Of conspiracy made By men,
bers Of Mayor Mitcheps official family
against the Right Rev. Mousignor John
J. Dunn. the Rev. Father William B.
Farrell, Of the Catholic Church; the
Rev. Daniel c. Potter, former Baptist
clergyman. now dead, and Robert ".
Hebberd, former secretary OF the State
Board Of Charities, growing out Of the
state charities investigation last win
ter, were dismissed yesterday By Su-
preme Court Justice Greenbaum. As a
committing mag strate ne heard all the
evidence last July.
Justice Greenbaum also dismissed
the charges Of criminal libel brought
against Monsignor Dunn. Father Far
rel and DR.. Potter and that of perjury
against Mr.. Hebberd.
II was charged that all four defend
ants conspired TO peryert justice and
the due administration Of the law by
inducing DR.. Potter 20 keep away from
the charities investigation conducted
By Comm ssioner Charles II. Strong
missioner was trying 20 discover the
author OF the sO-called Farrell
pamphlets which were attacking the
work Of the commission as showing an
ANTI Catholic snimus."
Justice Greenbaum holds that the
fact that DR.. Potter had not been
served with a subpoena would not eI-
onerate the defendants from a criminal
charge. but he finds that the proceed
ings before Commissioner Strong were
not judicial and also that the weight
Of legal authority compels him 20 hold
that Commissioner Strong was without
power 70 conduct an investigation de
signed 20 ascertain the identity Of the
authors OF the alleged lbellous
pamphlets" The court adds that Dr..
Potter, as well as the other witnesses.
would have been within their legal
rights IL they had refused 20 testify on
the ground that Z the Farrell
pamphlets constituted q criminal con-
spiracy they could not be required 10
testify against themselves.
Court Justifies Wire Tappers.
Regarding the evidence against the
defendants obtained by policemen lis
tening In or their telephone wires, JUS
NlCe AEefUNdAl NtlA NAdh DAAALhiAig Tt
IS not regarded as a nigh order Of
proof in the absence Of confederation,
but the court added: Most o. the
phonograms were corrobora,ed by sd-
missions of the defendants themselves"
Characteriz.ng the work Of the wire
tappers further. Justice Greenbaum
says they showed they had made an
honest effort 20 perform the duty 20
which they had been assigned.
Regarding the libel charges, the JUS
tice declares the complainants failed
10 establish the crime. Il holds tha,
Charities Commissioner Kingsbury and
Deputy Commissioner Doherty them
selves were responsible for the circu-
lation OF the "Norec Pamphlets"
which preceded the Farrell pamphlets,
and unjustly attacked the Catholic
child-caring institutions, and a. the
Objectionable utterances in the Farrell
pamphlets related entirely 70 the critl-
cism of Kingsbury and Doherty IN
their official capacity in connection
with .he Strong commission they were
prepared without malice or criminal
intent"
Regarding the perjury charge against
Hebberd. Justice Greenbaum held that
al. the alleged false answers made by
Hebberd before Commissioner Strong