New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-01
SWAIN TN REPLY
INVITES INQUIRY
Asks General Sessions
Court for Investigation
of His Actions
MAKES A CHARGE
AGAINST DELEHANTY
Declares Former Judge
Took Retainer from Pro-
fessional BondSman

District Attorney SWANS letter to
The Judges OF General Sessions. de
handing an investigation, was prepared
as the result OF several hours WORK
on the part OF the District Attorney
two OF his assistants and several poll
. icians. Among the latter were Alfred
j. Talley. one of the leading lights in
Tammany deliberations; Mas Levine
Tammany district leader OF the 9Th and
counsel to the accused labor leaders.
Present for time was Judge Aaron }.
Levy. Of the Municipal Court, for years
ore OF the Tammany leaders Of the
state Legislature. and still poten'
power in the organization.
j. was explained on behalf o. judge
Levy that he had called there 70 see
Abe Levy. another Of the ccunse. for
the labor men.
Judge Levy, Abe Levy. Levine and
Assistant District Attorneys Doollng
and We'll spent hours in District At
70 ney Swann's private Office, during
which the telephone WAS kept busy
District Attorney Swami did not ar
rive until 5 o'clock, and 1t was half an
hour later before Tailey. who man
aged his campaign, arrived. BY that
time il was learned that Judge Levy
Abe Levy and Levine had departed.
Levine and Abe Levy declined 70
make any statements whatever. The
same position was assumed by Assist.
ant District Attorneys Dooling and
We'll. II was long after O'clock when
the District Attorney gave out copies
OF the letter.
Mr.. swann's Letter
In his letter Mr. Swami says he re-
peatedly had to urge Mr.. Breckenridge
to prosecute the labor cases. Continu-
ing. he Says
"On the day before the case was
reached for trial, in March, 1916, Mr.
Breckenridge, without prior notice
abandoned the cases and wrote me a
letter which was so insolent and In
sulting that it was impossible for me
to dignity il with a reply. Counsel
for the defendants continued 70 press
the cases for trial
"By June the finances OF the union
had become very strained, and it had
nut up $4,000 with the surety com
pany that had furnished bail for the
defendants. and In order not 10 EN-.
barrass their union any more seven OF
these defendants offered 10 sacrhce
themselves and plead guilty to lesser
degree, protesting their innocence all
the while and stating that they did so
only in order that their union could
get back its money and distribute it to
needy strikers.
"This offer was further coupled with
the condition that sentence be sus-
pended. which. OF course, | was not in
a position TO grant. Their insistence
that they we're innocent made IL impos-
sible for me to consent TO accept their
pleas Of guilty under any eircum-
stances.
Credible Evidence" Lacking
"Mr. Dooling and | had conferred
with Mr.. Breckenridge and obtained all
the information he was willing to give.
After he abandoned the case the papers
were thoroughly studied and the char
acter Of the witnesses was ascertained.
owe found lack of credible evidence
sufficient to prove guilt beyond rea-
sonable doubt, and rather than accept
pleas of guilty from men who protested
their innocence recommended that bail
be discharged mot TO dismiss the in
dictments) in June, 1915.
"The evidence in the labor cases
was provided partly by Dopey Bonnie
and members of his gang and private
who has been the subject OF
inquiry by the judges OF the Court Of
Special Sessions.
Meantime the mystery of the murder
Of Frederick Strauss, a City Court
clerk, was unrsvelled, and we discov-
cred that Dopey Benny (Feinl and his
gang were the murderers. We could
not use as witnesses any Of these men
whom we intended to indict for muir
der without giving them due recogni-
ton for their assistance as witnesses;
this ! was not willing TO do, deeming
il OF more Importance to the county
70 destroy root and branch the cause
Of The 1abCr aceaulf ca by DESTROY