The sun., 1916-09-16
ALL EXONERATED IN
WIRE TAPPING CASE
Justice Greenbaum Dismisses
Charges Against Charity
Officials.

All concerned IN Mayor Mltchel's wire
tapping cases were exonerated yesterday
by supreme Court Justice Greenbaum.
The Justice dismissed all conspiracy.
libel and perjury charges made by
officials OF the Mitchell administration
against the Rev. Mgr. John J. Dunn.
the Rev. william b. Farrell. Robert W.
Hebberd. formerly secretary OF the State
Board OF Charities. and Or. Daniel c.
Potter.
The Justice also dismissed counter
charges OF wire tapping brought asa!ns;
Police Commissioner Woods.
Mayor Mitchell said last night he had
not read the decision Of Justice Green
baum and would not on IL until
he had studied II.
Alfred ]. Taliey. who represented Mgr.
Dunn and Father Farrell, sa!d The
decision clears the way for the only
issue before the public. and that is the
wire tapping for which two OF Mayor
Mitchel's subordinates arc now under In
dictment.
BIames Mayor Mitchell.
THE result Of the decision II thu.
That when the Mayor was caught listen
ing in on the telephone wires ~ repu-
table citizens and after Hotchkiss ard
NlTktVuTN WeTe 1NulNleu AIN Nv NV I
severely arraigned by the Grand Jury
he sought I O Justify his conduc, 10y
charging those whS had complained
against him with the commission OF
a crime.
The Mayor was courageous enough
70 MI the newspapers with charges ri
conspiracy against him and his admins
t~ration. but lacked the courage 10 sign
his name to sworn charges against the
men whom he accused. and took refuge
behind tho costtails Of a Second Deputy
Commissioner"
william J. Doherty. Second Deputy
Charities Commissioner made the charges
against the four men. but the Mayor and
John A. Kingsbury. Charities Commits
sioner. were most active n the con,ro.
versy.
Rssis Of Charges.
The conspiracy complaint alleged that
the four men had -ought to keep I'M
, portant witnesses from appearing before
the Strong committee charity inquiry
! The criminal libel charged was based or
statements printed in pamphlets issued
by Father Farrell. An additional charge
Of perjury was made against Hebberd.
Justice G~reenbaum held that the evil
dence Of conspiracy was insufficient
that the pamphlets. while containing un-
warranted statements. must be regarded
az excused since they were directed
toward the complainants' official acts. and
that the Strong committee being without
Jurisdiction TO take testimony on the re
lation Of the defendants to the Farrell
pamphlets the examination OF Hebberd
during which his alleged perjurous testi'
mony was given. was not material to ths
issue.
Mgr. J. J. Dunn gave out the following
statement last night:
1.-THE den!sion Of Justice Greenbaur
speaks for itself. II Ia a complete an
swer to the baseless charges uttered
during the past six months by interested
parties and a vindication OF the princi
piles for which we have been contend'ng
I'VE may now look for a respite from
the clamor that has Allied the public ear
so Il Is too much to hope that other AZ
tempts will not be made by the Chart
Trust to secularize the Catholic, Protest
ami, and Jewish child caring homes
Father Farrell said last night tina
1.-THE unceasing effort to see justice don
has resolved Itself into the splendid de
cision OF Judge Greenbaum."
There was no conspiracy in III
church, no collision among the me
named in the Mayors charges, no desir
10 libel any one. All that was wante
was a broad opportunity to air this cas-
fairly. Judge Greenbaum not only put
a new light on the controversy nut II
tells the people Of this grea; city tina
their personal rights n liberties nav
not Departed