The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-05-23
WIRE INDICTMENTS
FORECAST TO-DAY
Kings Grand Jury Ends In
quiry Into Tapped Phones
in Charities Case.
SENDS FOR KINGSBCRl
His Presence Required This
Morning When Report Is
Made TO Judge May.

The Kings county Grand Jury. which
has been investigatinc the tapping OF
telephone wires in connection with the
recent charities investigation, is expected
TO report two indictments to County
Judge Mitchell May this morning at 10
o'clock. The grand Jurors finished hear
ing testimony before noon yesterday,
went into executive session for an hour
and n half and then Adjourned until
to-day. Meanwhile notices were sent out
to two men whose names figured promi-
nently In the inquiry. one OF them being
Charities Commissioner kingsbury. to
appear before Judge May at the time
when the Grand Jury will report
Commissioner kinssbury was notified
in the afternoon by telephone from Dis
trict Attorney Lewiss office that his
presence would be desired and he
promised to comply. Who the other per-
son is who has been called before Judge
May could not be determined definitely
last night, but II was believed to be
Deputy Police Commissioner Lord. Police
Commissioner Woods testified before the
Thompson committee on Friday that Mr.
Lord took complete charge OF the wire
tapping in the charities investigation
case. The other city officials concerned
in the matter were Mayor Mitchell. Com
missioner Woods and Deputy Police Com
missioner Scull.
No doubt was entertained by those
who have followed the Grand Jury in
vestigation OF the case that yesterday $
J rsin irt
word leaked out that bills against any
one had been drawn. The fact that the
two men who received notices to APP
pear this morning were not arrested on
bench warrants--the usual procedure
seemed to warrant the conjecture that
they were not Likely to leave the county S
I jurisdiction, even before IL was estab-
lished tha, Commissioner Kingsbury was
one Of them. The Commissioner. how
ever. was as much at sea as any one
to explain what the Grand Jury had
done or what he was wanted for.
Only Two witnesses Heard.
! The Grand Jury was expected on Sun.
day TO finish work yesterday. Only two
witnesses were called in the morning
They were George d. Creighton. an en-
ployee Of tho Burns agency. who laid
before the investigating body the record.
of the part played by the agency in the
Seymour case. and Frank T.. Brooke
secretary to former Police Commissioner
Dougherty. The jury finished takins
testimony about II o'clock and ther
heard sections Of the criminal code re-
lating to wire tapping. Mr. Lewis made
n brief address and then the Jury helt
an executive session before adjournment
at IL 40.
District Attorney Lewis would not dis
cuss the investigation 1t has been his
contention since the inquiry opened tha
the Grand Jury itself took up the wlr,
tapping on its own initiative and h,
merely directed the mechanics OF the in
luiry. Mr.. Lewis AT the request Of TIKI
Sun reporter indicated two sections o.
the Penal Code which apply to wire tap
ping. He then dictated his own inter
probation Of the law. The law itself I!
vague and II indictments are found lii.
construction of 1t will prove a knott,
problem. Mr.. Lewis's personal conter
ton is that none has a right to tap wire!
maliciously or to serve private ends.
Section 1923, subdivision 6, OF thl
Penal Law" he said. "in substance pro
vides so far as applicable to the tappin,
~ telephone wires: a person who wi,
fully and unlawfully taps a telephone
wire is guilty of crime. the punish
ment for which is Imprisonment for no
-.
III enacting that section evidently had /,
mind a distinction between unlawful an,
wilful tapping and tapping which |
legal The distinction apparently Is be
; tween tapping which is for the purpos
Of detection OF crime and criminals, an
tapping to satisfy personal curiosity"
Commissioner Kingsbury. who ha,
been a storm centre in the wire tappin
row since II began. would not be aues
toned last night. Stanley Howe. sec
} retary OF the Department OF Charities
, speaking for the Commissioner. sa!
simply that MIR. Kingsbury had bee
r asked over the telephone to appear +
County Court in the morning at /
o'clock and had asquiesced In the re
quest. Deputy Commissioner Lord an
Commissioner Woods could not h
reached up to- a late hour. and Deput
Commissioner Scull said he knew moth
ing about any developments OF the kin
mentioned. The Mayor knew nothn
Z Origin Of the Controversy.
From the beginning OF the inquiry
has been expected that the Grand Jur
! would return several indictments. TIL
: row caused by the publicity given TO tn
: telephone tappngs In the charities cas-
brought to light the whole wire tappin
! controversy and set the Thompson con
mittee on the trail of the tappers to,
? Five uniformed policemen-members {
the wire tapping squad-fgured In N
$ case, but they were believed to be @,
empt from any possible Grand Jury a,
| tion.
Just before the Strong commission fl
ished its investigation of the State Boar
OF Charities II was charged that II
. telephone wires OF the Rev. william
Farrell, a Catholic priest: DR., ID. C. Po
ter and Dean Potter had been tapped /
the police In the interest of COmm
sioner Kingsbury's side OF the ro,
u Father Farrell and the Potters we
among the first witnesses called befo
e the Kings county Grand Jury In Apr
u when the inquiry began. and they Wei
e recalled for further testimony aft
: Mayor Mitchell and four members OF h
:. official family had testified.
u Mayor Mitchell said late last nigl
= that he had not heard that anybot
e had been indicted. He denied that
had been present at conference wi
e city officials last night supposed to ha'
s been called to discuss the Grand Jury
e action. He would make no other stat
Il ment on the wire tapping situation.
. Hughes Vote In Vermont, $3.50
= MONTPELIER, VI. May 22.-Ofiicial r
h turns announced tonight by the Seer
tary OF state on the Presidential prefe