New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-03

I torncy OF this county, II the chhIBcs
arc baseless, District Attorney Swami
/ will be exonerated by the Governor
/ II there is any reason for the charges
/ whatever. they should be Investigated
/ TO the bottom and the Governor alone
can investigate
/ While the luncheon was on here, Gov
ernor Whitman was comforting WIN
/ his counsel. Frank b. Lord IL was de-
cided to return the letter Judge Deie-
| hanty sent 20 the Governor so that he
might draft it in the proper legal form.
When Mr.. Swami appeared before
| Judge Mulqueen and made formal re-
quest that the judges inquire into the
charges he said:
81 appear before your honor because
Of the fact that by virtue Of your
designation 20 sit in Part | for TINS
month YOU are the presiding Judge OF
the court. Without previous notice or
/ intimation was appraised by the news
papers Sunday morning that after my
| Office had closed on Saturday evening
and nv staff and | had left for the
holiday a communication had been ad-
dressed to this court by a gentleman
who by appointment had sat as Judge
| for the year just past in which certain
statements had been made attacking my
official conduct as District Attorney
and charging an attempted deceit upon
this court.
Statement Is Submitted
81 beg to hand you herewith state
ment upon the matter, regarding which
earnestly request most careful and
speedy attention upon the part OF your
self and your associates upon tins
bench. Public welfare and my own
reputation as a former judge, as DIS
trict Attorney and as a citizen, require
that a thorough examination Of the
facts be made by this court. All inc
papers IN the case are at your disposal,
and will await instructions and dlrec-
tions from the judge Of this court
Judge Mulqueen, in accepting the
papers, said that the case was with
out precedent, and that the matter
would be taken up by the Judges at the
afternoon meeting which did not take
place.
Mr.. Swami then said he would pro
duce all the union labor leaders in
court to-day to dsprovc the charge,
made inferentially, that these men had
fed the jurisdiction Of the court since
their bail was discharged at the re-
quest Of Mr.. Swami. 10 has been al
legged that some Of these men had en-
tered into deal with Tammany Hall
I'm the campaign OF 1915 to work Tor
the Tammany ticket on condition that
the indictments against them would be
Quashed.
While Mr.. Swami was addressing
Judge Mulqueen, Louis Fridiger, coun-
sci for Irving Wechsler, alias NaNey
Gordon. on trial for his life before
Judge Grain for the murder Of Fred
erick Straus, q court clerk, moved that
the case be adjudged mistral. The
motion was predicated on statements
made by District Attorney Swami
since the Delehanty charges were filed
rejecting on the character of the
Dopen Benny Fein gang Wechsler is
a member Of the gang. The motion
was denied.
Swann's Statement
Following his appearance in court
Nr. Swami issued a statement declaring
that he had never accepted dollar
from any private source during his
nine years AS Judge and District At
torncy. and promised to resign the mo-
meut that proof TO the contrary was
adduccd.
His statement attacking Judge Dele
hanty and Mr. Breckenridge was issued
last night, after he had received a visit
from Joseph Johnson, former Fire Com
missioner and friend of Charles +.
Murphy leader OF Tammany Hall.
That part of the statement attack
ing Mr. Delehanty is q new instalment
Of the District Attorneys opinion of
Tom Divine. one of the members Of
the contracting firm which is said to
have retained Judge Delehanty's law
firm 20 do all their legal work for
$4,000 n year. and the following:
"Will Delehanty say that he did not
practise law and receive fees from
clients while he was judge Of the Court
Of General Sessions and paid by the
county 10 give his best efforts TO the
people"
Arraigns Breckenridge
The attack on Mr. Breckenridge fol-
lows:
q have just discovered to-day that
while Mr. Breckenridge was specially
retained by me TO devote all Of his
time TO the labor cases, he was actually
representing some of the manufactur-
ers' associations who were enerlies Of
the labor unions, some of whose mem
bers were under Indictment This fact
he did not disclose TO me.
81 have obtained the names and adj
dresses Of these Manufacturers asso-
Citations that were paying him to pound
the labor unions, and he was using
the position 10 which ! appointed him
for the purpose Of advancing the cause
Of his private clients.
breckenridge still holds brief for
the manufacturers in their fight with
the labor unions, and his activities in
these charges are in part as attorney
for the manufacturers against the
unions"