New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-28
Swann's Plea for Dis
missal of Bribery In
diCtment Refused
PROSECUTOR THINKS
CASE WILL FAIL
Ex-COmmiSSiOner Must Be
Publicly Convicted or
Freed, Court Rules

Robert Colgate Wood, former Public
Service Commissioner. must 60 70 trial
OF charge Of bribery. Judge Mott, in
General Sessions, yesterday refused 70
grant the motion of District Attorney
Swann'to dismiss the indictment. Con-
trary to custom, Judge Mott submitted
a brief with his ruling, in which he
said that public policy required that
Wood. public officer, should be pub
licly tried. so that il innocent he might
be indicated and If guilty he might be
punished.
District Attorney Swami was sur
prised By the attitude Of Judge Mott.
II is customary for judges to accept the
recommendation of the District At
torney in such motions.
Swami Doubts Outcome
az don't believe the case will ever get
TO a Jury. and if a conviction were
found I am sure il would be reversed
by the higher court" said Mr.. Swami.
nevertheless. | shall ask Judge Mott
10 try the case, and ! hope he Will see
his way clear to do so. Evidently he
does not agree with his associate,
Judge Wadhams, who not only granted
permission for Wood to inspect the
grand Jury minutes, but also opened
the way for a motion for a dismissal or
the Indictment on the merits OF the
case. It was the action Of Judge Wad-
hams in publicly declaring that the IN
dictment should be dismissed that iirst
suggested my motion TO that effect be-
fore Judge Mott
Mr.. Swami said that while the grand
Jury had returned the bill against
Wood a few weeks after he became
District Attorney, all the evidence eX-
cept the formal documents were pre-
sented to the jurors by his predecessor
District Attorney Perkins.
after the indictment had been re
turned" said Judge Swami, 81 saw that
the case against Wood was inadequate
and | tried to bolster it up the best /
could. | expected that corroboration
OF Sidney G. Johnson, who received the
alleged solicitation Of a bride from
Wood. would be furnished by Albert
Perry, the boy who was at the door OF
Woods private Office downtown where
the alleged felony was committed.
Perry remained out Of my jurisdiction,
johnson weakened in his testimony and
Colonel Prout, his superior in the
Union Switch and Signal Company, has
recanted his testimony to the effect
that Johnson had told him Of Woods
alleged request for $4,000 for the SUBJ
way signal contract"
Question of Accomplish
Regarding the question Of whether
Johnson, by taking Woods alleged re-
quest for bride to his superiors, be-
came an accomplish, Judge Mott said;
in this case, while the evidence OF
Johnson in certain respects is linden
mite. yet if il is believed by the jury
that he is not an accomplice, a prima
facie case against the defendant has
been made out Very often the fact
that a witness is unwilling and is testi-
tying against his inclinations adds
strength 70 his testimony. The mere
fact that johnson has refused 10 dis
cuss the case further or aid in the
prosecution does not prove by any
means that he will run the risk Of an
Indictment for perjury by changing the
testimony he has already given"
Judge Mott by his action in the case
holds that the jury shall be the judges
Of the fact as to whether Johnson