The sun. [volume] (New York [N.Y.]) 1916-1920, 1917-07-05
MAYOR HALTS
CRUGER QUEST
BY WALLSTEIN
SuSpends the Investigation
That Grand Jury May Tale
Up Case To-day.
C0CCHI CLEARS POLICE
Declares in Italy New York
Force Was Not Involved
in His Crime.

Mayor Mltcnel ulreCtc0 commissioners
Of Accounts Leonard NJ. wallstein
yesterday to suspend his inquiry into
the police handling Of the Ruth Cruger
case The Mayor. was Influenced by
Gov. whitman's peremptory telegram
to District Attorney Swami ordering the
District Attorney TO begin Immediately
q Grand Jury inquiry into all phases Of
the Cruger case and suggesting that the
publicly conducted wallstein investiga-
ton might defeat the ends of Justice by
giving implicated witnesses a chance to
frame" their testimony.
To the Mayor and to the Commis-
sioner OF Accounts the Governors action
was an unpleasant surprise because they
felt that their inquiry was getting re-
suits upon q legal basis and without
giving immunity to witnesses whom 1t
might be desirable subsequently to
prosecute, and because they were con-
scious already of cooperation with the
District Attorney in essential points OF
the inquiry.
There was a feeling which the Mayor
did not put into words. that the Gov
ernor's action tended to cast discredit
the Wallstein hearing as we'll as upon
the undoubted right of the Mayor to
conduct such an inquiry through his
Commissioner of Accounts.
Mayor Explains stand.
Whatever resentment and dlsappoint-
ment may have been felt by the Mayor
and the Commissioner. there was no
hesitation. however. on their part in
clearing the road to an exclusive Grand
Jury inquiry such as the Governor de-
mands. Commissioner wallstein had
two talks with the Mayor yesterday.
As result OF these talks the Mayor,
late in the evening. issued a statement
in which he set forth his reasons for
directing walistein to drop the hearing
for the time being. -e
when II became evident that the po-
lice handling of the Cruger murder case
constituted an administrative failure, II
not worse. on the part OF certain persons
in the Police Department" said the
Mayor, II directed the Commissioner of
Accounts TO make a thorough investiga-
tion for the double purpose OF locating
responsibility 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
rs construed by the courts, gives him
ample powers, Including that of sub
pGna and the administration of oaths.
at was my purpose and that of the
Commissioner of Accounts to cooperate
with the District Attorney by submitting
10 him from time to time evidence tend.
ing to show the commission of crime, II
such should develop This the Commits
sioner OF Accounts did, having submitted
to the District Attorney two separate
cases prior to the receipt of the Gov
erpor's telegram. Upon these cases the
District Attorney and the Commissioner
nf Accounts were engaged in coopcra-
lion.
The investigation by the Commits.
sioner of Accounts was public in order
that the people might be currently In
formed upon the developments of this
extremely important case. In order that
no prejudice might be worked to posi-
hle criminal prosecution, the Commits
sioner of Accounts was pursuing certain
Inquiries coincldentally in executive ses-
sion for the purpose of bringing them
TO the public later. either through thu
District Attorney or through public ses-
slons.
The Commissioner OF Accounts has
satisfied himself before examining wit
nesses against whom suspicion might
lie that immunity was not obtained
through his examination. i believe thai
the public has reason to be convinced
Of the good faith and the thoroughness
OF the investigation by the Commits.
s!oner OF Accounts.
Cessation Is Temporary.
THE Governor in his wisdom has di
rected that the entire inquiry into thii
matter be undertaken by the Distric,
Attorney in the secrecy Of Grand JURY
proceedings. holding that the public in.
Quiry by the Commissioner of Accounts
might prejudice the efforts OF the Dis.
trict Attorney later to secure indict.
ments and convictions. He has directed
the District Attorney to take possession
Under his subpoena of all records and
papers in the case. Compliance with thi,
subpoena has denuded the Commissioners
Of Accounts of the instruments of hi:
investigation.
While the Mayor possesses the un.
questionable right to advise himself
through his duly constituted investi
eating agent, the Commissioner OF Ac
counts, upon all matters relating to the
administration OF any OF his depart
inents, and particularly when the re.
Sponsbility for failure or dereliction II
10 De established ! would not, ever
though It involved waving my own cleai
rights, do anything which the Governor
or the District Attorney feels might bt
calculated TO prejudice prosecution fol-
crime committed in this case.
accordingly the investigation by the
Commissioner OF Accounts will be dis
continued for the time being, but only
until the District Attorney has com
p!eled his work Of fixing criminal re-
Sponsibllity. The determination Of ad.
lnlniS'rative responsibility constitutes G
instinct phase OF the investigation by
me Commissioner Of Accounts, and
Whatever else happens, this must bt
completed to my satisfaction and re
Sp"nsibility located and the proper
measures OF discipline visited upor
tho,e at fault"
After two conversations with Com
missioner Wallstein, the Mayor satisfied
'lmSelf that the inquiry 10 deterrnin.
Inc responsibility for stupid work eithei
at The Fourth Branch Detective Bureal
mp at Police Headquarters. or at botl
PAGES, can wait upon the District Attor
hey efforts 10 find out what policemen
any. should be indicted for crimina
completely in Coechis escape, an inquir.