New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-31
Whitman Is Asked to
Investigate District
Attorneys Acts
DOOLING ALSO
NAMED BY JUDGE
Asserts Pair Planned to
Free 2S Without an
Inquiry

Judge James A. Delehanty sent
,harges against District Attorney
swami 10 Governor Whitman yes
ierdsy.
As his last official act as Judge Of
General Sessions, Mr.. Delehanty re-
slested the Governor, who appointed
I'm "to determine whether a delib-
rate fraud has not been practised
BY Mr.. Swami on the Court Of Cen
,-sl Sessions" The charges were
.snt % the Governor yesterday by
rgiytered mail. and a copy was also
led with the clerk Of General Ses-
ons
Judge Delehanty charges that Dis
rjct Attorney Swami and Acting
District Attorney John T. Dooling,
.y agreement with counsel for twen-
~ eight labor leaders indicted in
Az for riot and assault as q result
., confessions made by "Dopey Ben
M" Fein and other gangsters. rec
smmended the dismissal Of the in
iictment without any real invesu-
ration of the cases and without see
ng any Of the witnesses.
Counsel for the defendants mentioned
ty Judge Delehanty were ex-Aldermsn
lax Levine. Tammsny leader Of the
m Assembly District, and Abraham
lew. also q member OF Tsmmany Hall.
Breckenridge Filed Protest
Judge Delehanty also charges that
District Attorney Swami and Mr.. Doc
M made the recommendations against
he vigorous protest Of Luoien S. Breck-
rridgs. former assistant under Dis
net Attorneys Whitman and Perkins.
w. Breckenridge had prepared the
ssss and bad been retained last Jsnu-
~ by District Attorney Swami as "spe-
cal counsel 10 prosecute the indiet-
rents.
Mr. Breckenridge resigned on March
. after he rad written 70 Mr.. Swami
wo,ssting against the latter's agree
r,tt With Attorneys Levine and Levy
sscetpt misdemeanor pleas from eight
e. the defendants This letter IS IN
srpouted in Judge Delehsnty's
airges
i protested a. the time against such
q disposition" Mr. Breckenridge wrote,
ard now desire TO repeat 70 you my
roiss,, and 10 say 20 you that IN my
.ignent It is a travesty on justice
Nd an outrage 10 decency. Having the
nosl,dgo that have OF these cases
nd the conditions under which they
rese, do not intend 70 acquiesoe
tissr actively OF by my silence IN
nat u proposed
Politics, Says Swami
10 is well known that Judge Dele
hrty ~ a candidate for Republican
eninaton for District Attorney next
tsr," WAS District Attorney SVanns
nnment last night He pointed out
"A, Nr Breckenridge was campaign
,stsger for Mr. Perkins, the Repubh-
an eand date for District Attorney last
az. ssic that "A concerted political
|nt' vas being made on bis Office.
found these cases in the once
sen ] began my term he said. Il
'sesily retained Mr.. Breckenridge. a
'puiy assistant under Mr.. Perkins, ~
salary o. full assistant because
~ Perkins had assigned him 20 the
!soge Delchanty calls on Governor
aIiman 10 determine what manner
investgation" Of the cases was
aae by District Attorney Swami or
N Dooing he declared in his cham
r Yesterday that he has heard from
o. The witnesses in many OF the
'tniy eight cases. and from some OF
sew in others. and not one was found
~ hsd been intcrrogated by the DIS
~ Attorney or who had been asked
4 20 20 the latter's Office In relation
ne matters.
Auidavits Of twenty-five Filed
attached 10 the letter 70 Governor
air2n are afhdsvits from twenty
o. these witnesses. Since sending
charges, Judge Delehanty says, he
Examined a dozen more, with the
zee results.
'oe motion 20 dismiss tho indict-
.ns was twice made before Judge
'sassy in General Sessions, and on
second occasion IL was passed 10
November term in Part /. presided
~ oy Judge Deiehanty. To report
st night the latter said:
ina,much as ! vas called upon as
s.lant District Attorney under Mr..
@so 10 assist IN preparation Of
eases, returned the papers 20 the