New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-15
Misconduct in Office
Charged in Letter
to Governor
DELEHANTY CASE
CALLED "GRAVE"
Whitman Urged to Act as
Service to the
Public

Charging District Attorney Swami
with incompetence, misconduct and
neglect in the administration of his OF
flee, the City Club of New York has
preferred charges against him to Gov
ernor Whitman, and has asked for his
removal as District Attorney Of this
county.
The charges are based upon an in
vestigation made by the club itself,
and are devoted almost exclusively 20
alleged violations which have been
aired in the controversy between Mr..
Swami, on one side, and ex-Judge
Delehsnty and former Assistant
District Attorney Lucian ). Breckln-
ridge on the other
Governor Whitman, who was in the
city last night, said that he had re-
ceived the charges of the City Club,
but that he had no comment to make
upon them
Nelson s. Spencer. president OF the
club. admitted that the charges against
Mr.. Swami had arisen out Of the mem
orandum made in the Court of Cen
eral Sessions on December 80, 1916, by
Judge Delehanty, and that they were
"a matter of grave public concern"
Urges Action as Public Service"
"It has not been possible for the
club 10 verify in detail the facts con-
tanned in the memorandum" said Mr..
Spencer. "but with the facilities at it's
command it has investigated them TO
the extent that it has concluded tnat
they should form the basis OF pro-
ceeding in which the Governor may
have an opportunity TO determine
whether they are sufficient to JUSTIFY
the District Attorneys removal"
Mr.. Spencer said that it seemed
more than ordinarily important that
this action should be taken as pub
lie service. since he believed that the
issues raised by the charges had been
obscured By newspaper discussion Of
collateral matters which do not touch
the real point" This real point, he
saws, is the conduct of Mt Swann's
Office in the administration Of criminal
justice.
"If II were possible under the More
land act," said Mr.. Spencer. ito have
an investigation Of the charges made
bv Judge Delehanty, and also of other
criticisms Of the District Attorney and
his Office. the club would have pre-
ferred such procedure. The Moreland
act however, provides for an investi-
CATION only Of departments, boards,
bureaus. and commissions OF the state,
and does not extend to local Offices"
What the Club Charges
In his letter TO the Governor in be-
half Of the trustees Of the City Club,
Mr. Spencer stated that Mr. Swami had
filed or caused TO be filed on or about
June 6. 1916, with the Court OF Cen
ersl Sessions certain misleading ana
false recommendations Tor the dis
charge of the bail of about thirty de-
PENDANTS held under twelve indlct-
ments for such crimes as assault IN
tho first and second degree, extortion,
robbery in the first degree and riot
In making these recommendations,
the letter charges, Mr.. Swami did not
act as required By law and by his oath
Of Office. but wrongfully induced the
coprt 10 discharge the pail of the de-
fendants. though knowing or having
sufficient reason 10 believe that the
coses were ones which in the interest
of public justice should have been
The letter to Governor Whitman
even charges that in fling his recon-
the District Attorney
stated that he had made a most rigid
and thorough investigation of the facts
determinable by him IN the cases IN
volved. whereas in truth and IN fact
M such investigation had been made
bv Edward Swami or his assistants
The City Club objected also to Mr.
Swann's effort 10 prosecute Mr.. Breck-
inridge.
Swami to Fight Charges
District Attorney Swami said last
night. when shown a copy of the City
clubs charges, that he would hght
Them and their maker, Mr.. Spencer.
al have been charged by Mr.. Spencer
and the City Club with two crimes ne .
laid. 81 am accused of intimidation
and coercion. both felonies, and they
have offered no proof or evidence TO
sustain these accusations. ! am GER
tain that il the City Clubs letter to
IN. Governor contained facts instead OF
General statements il would get no fur
Their than the Governor.
~ heard about a week ago that the
City Club was taking some action IN
this matter and ! sent an invitation 70
its secretary. Robert 5. binkerd, TO
come 70 my Office and that ] would give
him an opportunity 70 get all the facts. I
He said he was too busy. ! offered 70
meet him at luncheon and bring the
facts and papers with me, but still
got no response.
Every Democratic District Attorney
for the last twenty-five years has had
charges filed against him, and | am no I
exception. Ny Office handles 10000
cases a year. and IL the District At
torney himself attempted personally
70 examine every witness II would !