New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-05
Magistrate to Hear
Breckenridge Case,
His Plan
JUDGES TURNED
HIS PLEA DOWN
Former Assistant TO An
swer in Court, Says
Lawyer

District Attorney Swami announced
last night that he had decided to pre-
sent charges OF graft against his chief
accuser, Lucien S. Breckinridge. for
mer special Assistant District Attorney
in charge Of the prosecution of indicted
labor leaders.
"To do M. Breckenridge exact and
complete justice" said Mr. Swami. "and
that he might have an equal opportu-
nifty TO be heard and 70 be confronted
with the witnesses, will endeavor dur
ing the early part of next week to have
the matter presented in the open be-
fore a city magistrate.
81 have had conferences with eleven
witnesses to-day in the preparation OF
the evidence that Mr.. Breckinridge re-
ceived money from employers associa-
tions while he was a special Assistant
District Attorney employed to prosecute
labor cases"
Mr.. Breckinridge, after reading in the
newspapers that District Attorney
Swami had threatened to present
charges against him to the grand jury
if he (Mr. Breckinridge) denied the
truth of them, retained Martin W.
Littleton as counsel
Breckenridge to Talk Later
Mr.. Littleton was attending a dinner
Of the Brooklyn Bar Association last
night. when he was asked whether he
intended TO institute suit for criminal
libel against District Attorney Swami
for the latter's attack on Mr.. Breckin-
ridge in yesterdays newspapers, in
which Mr. Swami assailed certain mem
bers of the breckenridge family tof
Kentucky.
~ do not think it would be wise 10
make any statement at this time," said
Mr.. Littleton.
After listening 10 the latest state
ment given out by the District Attor-
ney. Mr.. Littleton said:
mir. Breckenridge prefers to meet
the charges in a place where he VIII
not be subject TO any more abuse or
attack. either on the dead or the liy-
inR-I mean in the sober and judicial
atmosphere Of the courtroom. Since
the District Attorney is inclined TO
issue heated and voluminous state
ments. let him do the talking"
Early Yesterday Mr.. Swami an
nounced that he was going to ask Mr..
Breckenridge to choose his own
forum" where the charges against him
might be presented He had previ-
ously informed the judges of General
Sessions that he had evidence against
Mr.. Breckenridge, and requested that
they act for him, as he believed II
would be unethical for him TO take
the initiative, as he was 'an interest
ed party"
Swami Consults Grand Jury
1t was learned that the judges in
formed Mr.. Swami that if he had evil
dence of a crime against any person
il was his duty TO present it either 70
the grand jury or to city magis-
trate. After consulting with the
grand Jury for more than an hour Mr..
Swami retired behind lock and key in
his private Office, where he prepared
the statement appearing above. His
decision 10 take the matter before q
magistrate was arrived at without con-
sulting Mr.. Breckinridge or his coun-
sci.
This statement was handed out by
Horace w. Foster, Mr.. Swann's secre-
tary. with the announcement that tho
District Attorney was very weary and
did not wish to be disturbed. The re-
porters requested permission TO send
in a list of questions to Mr.. Swami.
This was first refused, and later grant
ed. Here are the questions:
"Will you give US the names
of the persons who are alleged 10 have
maid this money to Breckinridge?
"Do YOU intend to prosecute those
who gave this money as well as Mr..
Breckinridge (We ask this because
we are informed by a General Sessions
Judge that the crime, If there is one,
is bribery.
"Wnl you compel these witnesses
who appear against Mr. Breckinridge
TO sign waivers Of immunity?
"How does it happen that this
evidence first comes TO light at this
time, when Mr.. Breckenridge first APP
pears as a possible witness against
SAu these questions will be
answered during the proceedings De
fore the magistrate" was the oral reply
sent out by Mr.. Swami through Dir.
Foster. -,
.ral Sessions judges Mr.. Swami sum-
moned the two detectives who as
/ sisted Judge Delehanty in preparing
aFldavits attached to Judge Delehanty
charges of fraud against the Districi
Attorney. After examining them ior
an hour Mr. Swami emerged from ms
Office and said:
81 have incontestable proof that not
only did Breckenridge receive ihe
/ 81 900 which mentioned on eahesuay
wbile he was a special assistant under
me. but that was merely one oi NJ,
merous instances. l hae peen toId a.,
about the business, and memoers 81
d fllTnlGnH0