New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-07-04
Grand Jury to Get Any
Evidence Tending to
Implicate Officers
Probe by Wallstein
Dissatishes Governor
Mitchell to Continue His In
vestigation, but Will
Aid Prosecutor


Notwithstanding the fact that Com
missioner Of Accounts Wallstein is
conducting an inquiry into the case, the
Governor ordered District Attorney
Swami to present to the grand jury all
evidence that would tend to show com
plicitv on the part or policemen in the
murder. or in the escape of Alfredo
Cocchi. the confessed SLAYER.
Mr.. Swami at once ordered Commits
sioner Wallstein to deliver the records
in the Cruger case to the District At
tornev's Office, so they may be taken
before the grand jury tomorrow.
Mitchell TO Continue Inquiry
Mayor Mitchell said an investigation
by the District Attorney would "be en-
tirely agreeable to me and entirely
consonant with my purpose in this mat
ter" He added:
81 shall also have my investigation
continued. to have the facts for my
own information"
"You will act. and act at once the
Governor said in his telegram OF IN
structions.
Governor Whitman's action was due
70 his dissatisfaction with the manner
in which the police activities IN con-
rection with the case are being inves-
.;.,o.od NV Commissioner Wallstein.
"uowever commendable may be the
work Of Commissioner Wallstein'' the
Governor said, at is not contemplated
nv the law that a Commissioner OF Ac-
corrts shall be a prosecutor or IN
,.ost;ostor of crime. He has neither
,bo mower nor the resources OF the
n;s.rict Attorney. This evidence should
have been presented to grand Jury
Public hearings make 1t possible LOT
.,.;.,ossos 20 frame their testimony IN
.ho licb, Of testimony already given
- &C course. there is the constant
$50 that immunity may be acquired
bv testimony given. .roo %
81 diroct that YOU proceed at once 10
s,,hnrena all testimony and all the eNl-
49, available showing or tendlng 70
sbor,, corpicitv on the part OF 'he
r,on,bers of the Police Department
citber in the murder of Ruth CrugeI
or T., The escape of her murderer anu
+ba+ Won prcsent the same without Iur-
tber DELAY 10 a grand pury OF New forT
Comfy I understand that the SIahu
my has been charged in the premises
Won will act and act at once
The Governor in his telegram sald
hat. recognizing his responsibility for
he proper execution of the laws OF tne
state. he was by no means satlshed win
the handling Of the investigation grow
ing out Of the Cruger murder. lie eX-
nloined that he was relying on state
ments published in the newspapers and
that his information might be lnaccu-
rate.
In a brief review Of the case he called
attention 10 several inconsistencies OF
testimony. He referred particularly to
the fact that Cocchi sailed for Italy on
A steamship which police officers swore
thew had under observation.
81 have never known New York po-
licemen to fail to find a fugitive con-
cealed in an outgoing ship in New York
Harbor when they honestly tried 70 do
50. and / have directed great many
arrests Of that kind" the Governor de-
clsred.
Police Statements Inconsistent"
The statement made by the officers
that they were watching this ship for
Cocchi is entirely inconsistent with the
declaration made at the time and made
later by those higher in authority in
the department that Cocchi had nothing
70 do with the case. Assuming that
these witnesses were not perjuring
themselves. il would be interesting to
know why they were waiting for Cocchi
and on what charge they intended to
arrest him if they found him"
The Governor held that there was M
foundation for the wicked insinuation'
entered on the police record by a de-
tective assigned TO the case that a cir
answering Ruth Cruger's description
might be found at Forty-sixth Street
and Broadway.
Swami Acts at Once
The District Attorneys telegram ir
reply 20 the Governor follows:
Telegram regarding Cocchi case re
ceived. Have directed Commissioner Of
Accounts tonight TO produce all the
testimony and all the evidence in hi,
possession 20 supplement the indepen
dent investigation already being con
arcted by me. ! appeared this morn.
Ing before the rand jury and ten
dcred them all facilities and powers al
ny command in the investigation oil
the connection Of any member Of tn,
Police Department with the escape Of
the murderer Of Ruth Cruger Tn,
presentation Of all evidence obtainabl,
viii be made 20 the grand jury, az the
earliest possible opportunity and tn,
Investigation Will proceed without de
lay. EDWARD SWAMI,
District Attorney"
On receipt Of Governor Whitman
request Mr.. Swami served Commits
s.cner Wsl.stein and Deputy Commits
sIoner King with grand jury suop9na'
directing them 20 turn over 20 the Dis
trict Attorneys Office by II o'clock las
night such records in the Cruger in
vestigation as they could gather By thai
time. Assistant District Attorney Al
bert J. Talicy remained in the Crimina
Courts Building 20 receive them.
Other records and documents, no'
available last night, are 20 be IN thu
hands Of the District Attorney by II
O'Clock Thursday morning. ready q
take before the grand jury. which
meets az H.
Mitchell to Assist Swonn