New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-27
They Had Charged
Falsehood to Him
Mitchell Says His "Politi-
cal Masters Don't
Desire Truth


to an alleged conspiracy to profit at
the eity's expense in the deal by which
the city purchased Seaside Park, at
Rockaway. from ex-senator William n.
Reynolds and his associates forming
the Neponsit Realty Company.
Mr.. Swann's attack on Mr.. Mitchell
and Mr.. Prendergast came as a reply
TO an open letter which they addressed
70 the District Attorney yesterday
morning, in which they charged his
once with giving out false statements
about the park deal. They told MI
Swami that it did not suit his purposes
nor those Of his political masters TO
tell the truth. and pointed out several
alleged misrepresentation. The prln-
cipaI assertion was that IT was Tam
many and not Fusion Board OF Esn'
mat. that first undertook to make
public park at Rocksway. in 1907
District Attorney Swami charges the
Mayor and Controller with giving their
letter 10 the newspapers with the IN
tention of influencing the action OF the
grand jury, which in ordinary course
would vote on the evidence on Friday
and adds: "The intentionally insulting
tone of YOUR letter would cause 1t to
be disregarded by me. except that tne
public interests might suffer If | did
not correct your misstatements."
Swann's Charges
Continuing, the District Attorney
says:
"You saw in your letter that 1t was
not the present administration that
6,st determined tn acquire these lands
from the Neponsit Company, but you
fail to inform the public that thereafter
and on June "a, 1910, your friends OF
the Neponsit Company requested the
Board of Estimate 70 rescind the re-
solution which had been previously
PASSED to take 400 acres at $l,OOO,OOO
in order that thereafter a new resolu-
ton should be adopted TO take 2}S
acres of the same land at Sl,226,OOO.
Both of you were members OF the
Board Of Estimate at that time and
both Of you recommended and voted
for both propositions.
Swami Accuses Reynolds
"The evidence | have secured is such
that il would seem incredible that
either of you did not know that your
personal friend, William II. Reynolds,
was financially interested in the result
Of the sale of the lands in question, and
vet neither of you raised a hand to pro-
tect the city when he took the witness
stand as an alleged disinterested real
estate expert on behalf Of the Neponsit
Company, and testified to an excessive
valuation of the lands and swore false
ly that he had no interest In them,
either directly or indirectly.
The District Attorney points out that
he has received no assistance or en-
enlargement from Mayor Mitchell or
Mr.. Prendergast in his search for
checks and vouchers, and that he was
compelled TO subpoena every book and
paper bearing on the subject from the
Board of Estimate and the Finance De-
partment. He declared that checks for
$4,000 and $4,000 have been made
away with" by men who received the
city's money for the park.
In closing, the District Attorney calls
on Mayor Mitchell to request his per
sonal friend" William VI. Greve, vice
president of the Neponsit Company, to
waive immunity and produce checks
and vouchers he says he has destroyed,
and he also calls on the Mayor to re-
quest his friend" Frank Bailey, vice
president of the Title Guarantee and
Trust Company and president of the
Neponst Company, to do the same.
Public Interest Cited
"These," he says, "are some of the
things which both of you can do to
help the interest Of the public. IL is
of no assistance TO the public in this
matter to write open letters which en-
deavor to draw across the trail the red
herring of politics i will not be dl-
verted from my duty. The public will
not be deceived and the grand jury Will
not be influenced.
"The cancellation of the resolution
in the Board of Estimate to take 400
acres Of Rockaway land for 100000,
and substituting a resolution 10 take
only PAS acres of the same land al
sl,25O,000, leaving the other 1872 acres
nearer to the city and TO transporta-
ton; the making and receiving of so
called option revised in the office OF
both of you; the placing on the stand
Of false witness who WAS knowingly
BIASED and interested witness CIV.
n. REYNOLDS; the refusal to produce
checks and vouchers and TO say what
became of all the money paid by the
city; the failure of the city officials
TO aid in the disclosure of the facts,
are among the numerous facts which
tend to show the acts of sccomplices,
making them all principals under
Section 2 of the Penal Code in the
oNense of grand larceny in the first
degree, which is not barred by the
statute of limitations"
After citing the records TO show
that the Seside Park plan was fos-
tered during the administrator Of May
or Mcclellan, Mayor Michel and Mr.
Prendergast. in their letter TO Mr..
Swami. defend the Sl,225,000 option on
the Neponsit Company's Rockaway
tract on the ground that the city would
have had 10 pay more than that
amount if the condemnation commits
sion so awarded. Continuing they say:
"On July 81. 1911. the Board of Esti-
mate, on the committees recommends
ton, unanimously voted TO take the
option, and at the same time TO insti-
tute condemnation proceedings specify
ing land entirely included in that COW
cred BY the similar resolution of the
Tammany board four years before.
"On subsequent dates the Board Of
Estimate adopted number of resolu-
tions 10 perfect the proceedings for
acquisition and TO insure better pro-
lection Of the city's interests.
From that time the matter of the &C
tuisition was placed entirely in the
n Il