New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-07-05
Defers Inquiry Until Swami
Ends Probe Ordered
by Whitman
Evidence Wallstein
Collected Subpoenaed
"Boneheadedness" of Po-
lice Proved, Declares
Commissioner

TO SGuueu NhiL yto'ci NS''
Mitchell. who ordered the inquiry. gave
instructions that it be temporarily dis
continued.
The Mayors action followed Gov
ernor Whitman's order that District
Attorney Swami Immediately obtain
and place before the grand jury for ITS
consideration all evidence Of police
negligence or completely in the Cruger
case. All the records and other docu-
mentary evidence collected by Commits
sioner Wallstein were subp9naed by
the District Attorney for the use of the
grand jury. Commissioner Wallstein
thus found himself minus the instru-
ments Of investigation.
Statement by Mayor
In this dilemma he presented himself
st the City Hall and conferred for two
hours with the Mayor, after which the
Mayor dictated the following state
ment:
81 have been in conference with the
Commissioner Of Accounts concerning
the situation created by the Governors
telegram to the District Attorney.
When it became evident that the police
handling of the Cruger murder case
constituted an administrative failure,
if not worse, on the part of certain
persons in the Police Department, |
directed the Commissioner of Accounts
TO make a thorough investigation for
the double purpose Of locating respor-
siblity and suggesting preventive
measures for the future.
This was the natural duty OF the
Commissioner of Accounts, a function
for which his office exists under the
law, and for the discharge of which
the law, as construed by the courts.
gives him ample powers, including
that of subpoena and the administra-
tion of oaths. 1t was my purpose and
that Of the Commissioner of Accounts
10 cooperate with the District Attor-
pey by submitting to him from time
10 time evidence tending to show the
commission Of crime, if such should
develop. This the Commissioner Of
Accounts did, having submitted to the
District Attorney two separate cases
prior TO the receipt of the Governor
telegram. Upon those cases the Dis
trict Attorney and the Commissioner
OF Accounts were engaged in CO.
operation.
"The investigation by the Commits
sioner Of Accounts was public. in or
der that the people might be current
Is informed upon the developments Of
, this extremely important case. In or
der that no prejudice might be worked
TO possible criminal prosecution, the
Commissioner Of Accounts was pursu-
ing certain inquiries cOincidentally i'm
executive session for the purpose OF
bringing them TO public knowledge
later either through the medium of the
District Attorney or through public
sessions.
satisfied himself before examining wit
rcsscs against whom suspicion might
lie that immunity was not obtained
through his examination.
Inquiry Thorough, Says Mayor
Il believe that the public has rea-
, son 20 be convinced Of the good faith
and the thoroughness Of the investiea-
tion by the Commissioner of Accounts
"The Governor, in his wisdom, has
directed that the entire inquiry into
this matter be undertaken by the Dis
trict Attorney in the secrecy of grand
jury proceedings, holding that the pub
lie inquiry by the Commissioner OF
Accounts might prejudice the efforts
Of the District Attorney later 10 Sc.
cure indictments and convictions. lie
has directed the District Attorney &c
take possession under his subpoena OF
all records and papers in the case
Compliance with this subpoena has de-
nuded the Commissioner of Accounts
Of the instruments Of his investiga.
tion.
while the Mayor possesses the un-
questionable right 20 advise himself
through his duly constituted investi
eating agent. the Commissioner Of Ac
counts. upon all matters relating &c
the administration Of any Of his de
Ya-tments and particularly when the
responsibility for failure or derelic
son is 20 be established, | would not
even though u entailed waving my
own clear right. do anything which the
Governor or the District Attorney fee
might be calculated 10 prejudice prose
cution for crime committed in this
case.
Accordingly, the Investigation By tn
Commissioned OF Accounts will be dis
continued for the time being, but only
until the District Attorney has com
plotted his work Of fixing criminal re
sponsib!lIty. The determination Of ad
ninistratiye responsibility constitute
distinct phase Of the investigation b!
the Commissioner Of Accounts, anC
whatever else happens this must b'
completed 20 my satisfaction and re
epcnsibility located and the propel
measures Of discipline visited upor
those at fault"
1T speaks for itself" said Comm,s
sioner Wallstein, referring 20 tn'
Mayors statement 81 think there u
nothing 20 add"
What was the programme IN Ia
inquiry for the next wccky' he wal
asked.
II wa my intention 20 resume TO
Morrow the questioning OF witnessed
who would tell Of the relation o.
police headquarters with the case" he
replied "Thcn / would have callCC
the officials. beginning az the bottom
with NcCabc, who received the alarm
81 the girls disappearance Lieutenant
FuTston vas 70 have come next, thor
Inrpecto- Faurot, then Inspector Cray
Lieutenant Grant Williams, IN charge
- Ore Dsreau Of Missing Persons