The sun. [volume] (New York [N.Y.]) 1916-1920, 1917-01-16
WHITMAN ACTS
IN SWAMI CASE
Will Send a Messenger
Notifying Prosecutor
of Accusations.
TEN DAYS FOR IAN ANSWER
District Attorneys Defence to
Be Based on Theft Of
Labor Evidence.
TEN DAYS FOR AN ANSWER


Gov. Whitman has decided definitely !
to take cognizance of James A. Dele
hanty's charges against District Attor-
ney Swami as presented by the City |
Club and will to-day or tomorrow send /
a messenger serving the charges on the |
District Attorney. 4
The Governors intention was learned
last night from authoritative sources. II
is known that he considers that the
charges preferred by the City Club are
in regular form and that they require his
official attention.
After the charges are served the Dis
trict Attorney will be given ten days in
which to file his answer. Upon the filing
Of the answer the Governor will appoint
special commissioner to take testimony
and report back. On the commissioner
report the Governor will determine
whether or not Mr.. Swami should be re-,
moved from office.
The District Attorney evidently in
tends to use materially in combating the
Delehapty-City Club charges and in
prosecuting Lucian S. Breckinridge, chief
witness in support Of those charges, his
new assertion that Mr.. Breckenridge
when in the District Attorneys Office
purchased papers stolen from n labor
union and caused the city to pay $1,000
for them on vouchers marked for con-
fdential services"
Mr.. Swami contends that stolen evil
dence cannot be used in court and that
the papers collected by Mr.. Breckinridge
when the latter was prosecuting labor
men would he adjudged worthless IL the
men were brought to trial. AS Judge
Delehanty's principal complaint was that
MIR. Swami did not endeavor to have the
men tried, but on the contrary caused
report to be made to General Sessions
that after thorough investigation the evi-
dence against them seemed to have no
value. the matter Of the stolen papers
becomes vitality important
Taken Before Grand Jury.
The District Attorney took before the
Grand Jury yesterday two witnesses who
were said to know about the papers.
They were Isaac Silverman. a private
detective Of lO4 Fifth avenue. and Ed
ward NJ. Hecker. formerly a clerk for
the Association of Garment Manufac-
in 1910. Mr.. Swami would not say
whether or not he was seeking indict-
ments. He said the Grand Jury was
trying TO get to the bottom of the al
legged larceny.
AS the story was told IN the District At
torneys office the International Ladies'
Garment Workers Association was hav-
ing n meeting at 81 East Fourth street
one evening in 1910. The big strike of
Il y.F ~.
union took to the meeting a bag con-
( tanning papers relating to contracts ana
I other union affairs aDd $4,000 in cash
which had been drawn from bank for
/ the payment Of strike benefits.
There was row, the lights went out
! and somebody made off with the bag and
! its contents. The union made a great
! fuss about this at the time but got no
! trace of the loot.
Papers Turn Up NysteriOusIy.
( Five years later. in 1915. the papers. Il
is alleged. turned up In the possession OF
Assistant District Attorney Breckinridge
who had charge of the prosecution Of
garment workers and others accused o.
violence in the strike of 1914.
Mr. Brecliinrdge. It was said yester-
day. had subppnaed certain papers from
the International Ladies' Garment Work
ers Association. The association repl ed
that 1t would like to oblige him. but cou'f
not. as these We're the documents stole,
in 1910. Mr. Brecknr!dge then got Int
touch with Hecker and was Informed
that the papers were In the possession oi
n private detective and could he had sol
a consideration" II was explained tina
the detective had bought them for SIS.
After some haggling n price of 81 DOT
was set on the papers Some one in III,
District Attorneys office agreed to pa,
this price, and the papers were delivered
by way OF Mandel's parcel room in tn,
Grand Central Station. The $1,000. ac
cording to the District Attorneys offlc
was paid at the rate OF $50 a week ol
vouchers. and receipts were given read
ing: Received from Clinton W, Woo
"a detective attached to the District At
torney's office $50 for confidential ser
: vices" Most of the vouchers were
X d by Mr. Breckenridge,
: Papers Used by DeIehanty.
, The papers were used by Mr. Dele
. hanty in 1915 as evidence in the trial @
seven men indicted for murder that oc
CURED in the strike OF 1914. but all tn
defendants were acquitted. Justic
: Tomplxins charged the jury that no infer
= ence could be drawn from these docu
l ments.
D He2Ner and Silverman say they don
| know who robbed the union back in 1871
Y but the act has been laid at the door c
= Able Beckerman, who Is serving lon
sentence in the Joliet Ull) penitentlar
= for bank holdup. Beckerman was on
r Of the alleged gangsters indicted Ia:
= year for the murder of Frederick Straus
E a deputy clerk in the City Court.
e Mr.. Swami cited yesterday the decislo
n of the United States Circuit Court ,
j Appeals in the Jared Flagg case as oI
{ of the precedents destroying the value
II stolen papers as legal evidence. TIL.
e court, reversing the United States Di
trict Court last year. declared that Il
: seizure of Flagg's books and pane
d without n warrant or process was u
c lawful Martin W. Littieton. who is NJ
n Breckinridges counsel, said last Mig
i that the Flagg decision was not per,
II nent to the present matter Of the pape
stolen from the labor union.
e Nelson S. Spencer, president OF Il
l. City Club. was asked yesterday II q
ID club expected to add anything to q
It charges filed by the club with Go
whitman. He replied that no addition
a charges had been prepared. but that 4
'e complaint was so worded that this cou
. be done II desired.
% Mr.. Swami asked interviewers II III
le had noticed that one OF the three CT
:, Club men who prepared the charges W
r not a resident Of New York county. A