New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-30
Swami Tells Mayor
He May Yet Appear
In Seaside Inquiry
Regrets Mitchell Waited So
Long for Decision, He
Says in Letter

District Attorney Swami replied last
night in an open letter to the second
attack on him by Mayor Mitchell and
Controller Prendergast for "perverting
the truth" in connection with his con-
duct Of the grand jury investigation
into the citys purchase of Seaside Park
from ex-senator William H. Reynolds
and his associates in the Neponsit
Realty Company, which sold the site
Of 24S acres for 81 100000.
Replying 10 the statement OF the
Mayor that he was not permitted to go
before the grand jury with "the whole
record" the District Attorney writes:
81 regret that you waited until the
Neponsit matter had been closed be-
fore the grand jury on Friday before
YOU indicated a Willingness to appear
II you would like the case reopc3ed IN
order that you may be heard | Will re-
quest the grand jury to reopen 1t and
hear you"
Hints at Protection
Referring to his request TO the
Mayor and Mr.. Prendergast to ask
Charles OMalley, the Controllers land
expert, and their personal friends,
William u. Greve and Frank Bailey, OF
the Neponsit company, to waive I'M
munity and produce checks and vouch-
ers which they claim tave been lost or
destroyed, Mr.. Swami saws:
"Concedng tnar you cannot compel
Mr.. OMalley to waive immunity, / ask
you. Mr.. Prendcrgsst, whether you
think it compatible with the public in
terests to retain in your department as
an employe of the city a man who
takes this attitude with respect to mat
ters with which you and My. Mitchell as
city officials were concerned?
do you consider a public o1l-
cial who refuses TO give testimony or
produce documents and vouchers re-
lating 10 public matters, on the ground
that by so doing he might be incrln1-
mated, fit person to hold position
of public trust in your department? Do
oyu consider his refusal TO waive I'M
munity against prosecution for crime
matter that has no interest for you;
and have you in any way sought to find
out why he refuses to sign such
waiver, with a view TO determining the
propriety of his retention in office!
What is his real motives it to pro-
tect himself or to save others?
Says Mayor Could Have Helped
81 now ask you, Mr.. Mitchell. what
have you done up to the present time
TO ala the investigation. Have you re-
quested Mr.. Bailey or Mr.. Creve TO
produce any papers, vouchers or checks
which they have thus far refused to
produce or have you requested NJ.
Greve to waive immunity? ] also ask,
have you urged them to refresh their
recollection. or if you have aided them
to remember important and vital points
under Investigation, such. for instance,
as when, why ana where they de-
stroyed their checks, stubs and vouch-
ers relating to transaction in which
you represented the cityT
Regarding the denials of the Mayor
and Mr.. Prendergast that they had
even d speaking acquaintance with
Greve and Bailey when Greye on July
u, 1911, had a resolution introduced
resembling all previous resolutions to
buy Rockaway land, Mr.. Swami says:
at is immaterial whether you had a
speaking acquaintance with members
of the land ring at the time the former
owners of the land offered to sell 400
acres for 81 100000 The material fact
is that they were your friends when
the Neponsit company deal was put
through, which resulted in the city's
getting only 24s acres for $1,250,000.
your letter directly denies that Mr.
Mitchell was constituted a committee of
one to consummste this deal. II you
will refer to Mr.. Prendergasts letter
Of July 8, 1911, to Colonel Roosevelt
you will find that Mr.. Prendergast said
that the committee had left it TO Mr..
Mitchell. who WAS then negotiating with
the owners of the land.