New-York tribune., 1917-07-19
He Intimates Grand Jury
VIII Investigate Inaction
of District Attorney
Prosecutors Office
Negligent, He Thinks
Inquiry Might Lead to
Charges Being Filed
with Governor

Governor Whitman strongly lH'lin"'
ed Yesterday that the grand jury no"
investigating the failure Of the police
in the Cruger case probably would be
called upon TO investigate the acuoh'
or lack of action, on the part OF the
District Attorneys Office in running
down this crime and the criminal
If such an investigation is made u
might lead to charges being filed with
the Governor against District Attorney
Swami, with the possibility Of the iat-
ter's removal.
The Governor feels that the District
Attorneys Office showed stupidity, II
not a real negligence Of duty, in faiilng
N follow up the Cruger case TO solu-
ton. It. is no secret that Governor
Whitman believes the District Attor-
news Office has not been conducted IN
as efficient a manner as it should be IN
The Cruger and other cases.
Police Power for Prosecutor
The Governor said it was the duty OF
the grand jury TO investigate the Dis
trict Attorneys actions in such a case
IL il deems such an investigation IS
warranted. That this had been done,
the Governor pointed out, was shown
in the case of District Attorney Asa
Bird Gardiner, who was removed from
office.
Attention was called to the fact that
the District Attorney had the same
mower and practically the same facil-
tiles as the police for investigating
crime such as the Cruger case, and the
Governor declared it was the duty Of
the District Attorney to persue such an
investigation with every means at his
disposal.
District Attorney Swami announced
last night that he has asked the Board
of Estimate for a special appropriation
Of $4,000 to cover the cost of the Cru
ger investigation and all matters grow
ing out of it.
This amount, Mr.. Swami says. ought
TO cover the salaries of his special
prosecutor, James w. Osborne. corps
Of stenographers and Mr.. Osborne's
Mr.. Fiano, the legal representative OF
the District Attorney in Italy. The
fee which Mr. Osborne and Mr.. Fiano
will receive has not yet been deter
mined.
This is the first time, 1t is said,
since District Attorney Whitman's in
vestigation of the police growing out
of the Becker case that request OF
this kind has been made by the county
prosecutor for a special fund from the
BOARD of Estimate Mr.. Whitman eX-
perienced no trouble in getting the
funds that he needed. The appropria-
tions, covered by special revenue bonds,
mus. be ratihed by the Board of AL
dermen.
McGee Blames Motorcycle Men
II was learned yesterday that Detec-
tive Frank McGee. who was with Mrs.
Grace Humiston when the body of Ruth
Cruger was exhumed in Cocchi's shop,
has. in 2 statement made TO the Dis
trict Attorney, placed the blame for
the apparent bungling of the police
work in the case on certain motorcycle
men.
McGee declared that these motor
cvcle men who visited Cocchi's shop
had deliberately misled him and other
detectives of the fourth branch IN thei1
investigation of the disappearance OF
Ruth Cruger. McGee's story was cor
ioborated by Detective John Lagarenne
Both McGee and Lagarenne were wit
nesses for several hours before the
grand jury yesterday.
Assistant District Attorney Talley
said last evening that Motorcycle Po-
liceman John Ochsenhirt and Thomas
KerriQan with their counsel, Stuart
Kohn, came to his Office yesterday and
sought permission TO 20 before the
grand jury by signing waivers of I'M
munity for the purpose Of controvert-
ing testimony which, they had under
stood, had been given before that body
by McGee and Lagarenne.
Mr.. Talley said that II had been con-
ceded that Ochsenhirt and kerrigan
had gone TO the Fourth Branch De
tective Bureau as soon as they were in
formed that Cocchi had disappeared. II
las also been shown shat they arrived
there a few minutes after Mrs. Cocchi
had been there with her version Of hei
husbands disappearance. Both. motor.
cycle policemen insisted yesterday that
they did not know the facts about
Cocchi's character.
The actual stigation of the Cru.
ger murder issue alone will keep the
grand jury and Special Assistant Dis
trict Attorney Osborne busy until thC
End of the present month. After that
the phases Of alleged police completely
will be taken up. Henry ID. Cruger was
called hurriedly 10 the District Al
torneys Office yesterday 20 check uI
new testimony which has been brought
out since the Wallstein hearings were
held.