New-York tribune., 1916-07-18
District Attorney Lewis, OF
Kings, and Assistant De-
clared in Contempt.
REFUSE TO PRODUCE
GRAND JURY RECORD
Clash Marks Hearing Before
Justice Greenbaum on Mayors
Charges Against Priests.


the charities controversy caused an
other row yesterday. District Attor-
ney Harry Z. Lewis o. Kings County,
through his acting assistant. Hersey
Egginton, refused 10 produce the grand
jury records of the talks. although com
manded by Justice Samuel Greenbaum,
who, sitting as magistrate in the
Criminal Branch of the Supreme Court,
began an inquiry into Mayor Mitchell S
conspiracy charges against certain
Catholic priests and others who tg-
ured in the tapped conversations. jus
tics Greenbaum promptly declared ooth
officials in contempt OF court.
District Attorney Swami made out
commitment papers for the two last
night. but District Attorney Lewis Is
somewhere in the Adirondacks with
his wife. He is not expected to return
soon. although Justice Greenbaum d.
rected that both MIR. Lewis and MI
Egginton appear before him at 10
o'clock this morning to show cause why
they should not be punished for con
tempt. Mr.. Swami talked with Mr.. bg-
CLINTON last night. The latter was tnen
irving TO get in touch with his cnleI,
but had not succeeded. =,
The records in question we're part OF
the proceedings of the Kings County
Grand Jury that indicted John A.
Kingsbury, Charities Commissioner
and William II. Hotchkiss, Special AS
sistant Corporation Counsel, for tap
ping the telephone wires OF the priests
whom the Mayor charges with con-
spiracy.
Mayor Mitchers Charges.
Mayor Mitchell contends that tatner
William B. Farrell, DR.. D. c. Potter
and Robert W. Hebberd, former secre-
tarv OF the State Board of Charities,
conspired to obstruct and defeat the
ends of Justice in the charities investi-
cation conducted by Charles II. Strong,
commissioner, appointed by Governor
Whitman.
Mr. Egrinton, when questioned before
Justice Greenbaum, declared that the
telephone records were a part OF the
minutes of the grand jury, and, there
fore, obtainable only after hearing
before a Supreme Court justice. Jus
tice Greenbaum held that they were
exhibits and not subject TO the same
restrictions as grand jury minutes.
According TO Assistant District At,
tornev Fmbree, a subpoena was served
on District Attorney Lewis THURSDAY
recurring him or one of his assistants
TO produce the records in this county
in person. William ?. Allen, an assist
ant prosecutor in Kings, appeared yes
terday. After explaining that the rec
ords were locked up in the private safe
of his chief he told Justice Greenbaum
that District Attorney Lewis had leit
Brooklyn after the subpoena had been
10
witness to refuse all access TO the
records. He said Assistant District
Attorney Egginton had access TO them'
After hearing Mr.. Egglnton's rea-
sons for refusing TO turn the RECORDS
over TO District Attorney Swami Jus
tice Greenbaum conferred with the for
midable array of legal talent represent /
ing the various defendants. He then
announced that Mr.. Lewis and Mr..
Egginton were in contempt.
Have Until To-Day to Comply.
Mr.. Embree. in behalf of District At
torney Swami, moved that they be al
lowed until to-day TO show cause why
they should not be punished. The only
way in which they may purge them
selves of contempt, il Is asserted, is 10
produce the records to-day.
District Attorney Swami communi-
Gated with MIR. Egginton by telephone
last evening and Informed him that al
though the order for the latters COM
mitment to the Tombs had been made
out, il was desirable that a final op-
portunity be given him to turn over
the papers. Mr. Egginton said he had
found a decision by the Court OF Ap-
peals which sustained his contention
in the controversy. He said he had
been trying to get in touch with
District Attorney Lewis by telegraph,
but had not succeeded.
The first hitch at the hearing yester-
day came with the discovery by Alfred j.
Talley, of counsel for Monsignor Dunn
and Father Farrell, that the Mayor had
not signed the charges. After much
argument William j. Dougherty, Dep
uty Charities Commissioner, with ap-
parent nervousness, offered to sign the
complaint. The inquiry then pro-
ceeded.
Out of the mass of evidence yester-
day, most of which has already been
published. came a piece of fresh news.
II was furnished by Mr.. Strong, Gov
ernor Whitman's Investigator Of the
State Charities Board. Upon cross-ex-
animation by Meier Steinbrink, of coun-
sci for Monsignor Dunn ana father
Farrell, Commissioner Strong was
shown a copy of pamphlet containing
a collection Of newspaper clippings, al
leging mistreatment of orphans in
Catholic institutions said to have been
revealed by the investigation.
Orphans and Pigs Story Denied.
There's one grave inaccuracy there
said Mr.. Strong. "It's the story that
pigs and orphans eat out Of the same
bowl. There was no proof before me
that orphans and pigs did eat out of
the same bowl at the same time or that
pigs were fed from the same bowl after
the orphans had eaten from it,
"To what institution did that news
paper article refer" asked Mr.. Stein
brink.
ITO the Mission Of the Immaculate