New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-18
Whitman Asked
To Renew Soapbox
Inquiry by Moore
Investigation of SWANS
Conduct of Grand Jury
Probe Sought
Unfairness Is Charged
Right of Free Speech at Stake,
Says Secretary of Friends
of Irish Freedom

John d. Moore, national secretary Of
tho Friends of Irish Freedom. sent
telegram yesterday TO Governor Whit
man asking him to appoint special
deputy attorney general to investigate
District Attorney swann's conduct OF
the grand jury soapbox investigation.
Moore Is under bail on charge Of
disorderly conduct resulting from one
Of his meetings in West Thrty-seventh
street, which was attacked by Cleveland
Moffett, of the American Vigilance So
cety. His telegram to the Governor
follows:
81 ask you to designate a special
deputy attorney general to investigate
the conduct Of District Attorney Swami
in connection with the so-called soap
box controversy. BY failing 10 pre-
sent to the grand jury witnesses and
evidence concerning alleged seditious
speakers Distric. Attorney Swami is
endeavoring TO prevent the carrying
out Of the instructions given to the
grand jury by Judge Mcintyre in three
separate charges.
"Mr. Swann's conduct has led not only
to a public controversy between the
grand jury and himself, but to the dem
mite charge by Foreman Konta that
Mr.. Swami is governed in his course OF
action by politics and not by public
duty.
81 believe you will find this charge to
be true These cases, of which my
own is one, involve the fundamental
American right of free speech. This
right should be determined judicially
and without regard TO its effect on the
political fortunes Of Mr.. Swami or any
other candidate in the coming cleo
ton"
Offered to Waive Immunity
Moore says he wrote TO the grand
Jury. Offering to waive immunity and
90 before that body and testify, but, ne
saws, "for some reason best known 70
District Attorney Swami | was not
called"
MIR, Swami said last night that, as
far as he knew, the grand jury had
never asked to hear Mr.. Moore, but
that he was welcome 10 appear any
time if the grand jurors wished to
hear him. In fact, Mr.. Swami said all
the witnesses in Moore's case have
been asked to appear for examination
this morning, if the grand jurors de-
sire to hear them. These witnesses
and the witnesses in three other soap
box cases similar to Moore's have also
been subpnnaed. -.
AZ find that 205 New York Court OF
Appeals, 400, People ex rel. Burke VS.,
Fox, holds that the grand jury cannot
indict in cases of disorder!y, CONDUCT
II is a violation OF the law known as
an offence said Mr. Swami. Never
theless, if the grand jury desires TO
hear the evidence in these cases, II
i entitled 10 Il. The police agree
that they have no evidence in any soap
box case for melting to riot or un'a"-
full assembly. These constitute misuc-
meanors, and are indictable.
File Presentment To-day
That much talked about presentment
an the soap-box orator problem, which
was drawn by Alexander konta, fore,
man of the regular grand jury, and
which District Attorney Swami asked
70 have suppressed because he be-
loved it would be as bad as bullets
in the backs of our boys in France
will he fled to-day with Judge Mcln-
tvre In General Sessions. and will then
be available for publication;
It was reported on good authority
vesterdav that a perusal OF the docu-
ment will probably leave the average
reader very much in the dark as
70 whv so much of fuss was made
about H. Il would recite the fact that
there is no law in this state that can
he applied to persons making seditlous
uttararces. unless the speeches result
in a disturbance of the peace. IL VIII
also recite, il IS said, that the ponce,
the city magistrates and the DlStr'c'
Attorney had not provided evidence IN
any cases on which the grand jury
District Attorney Swami says tho
controversy over the presentment ear,
ried on in the newspapers mas area
the infrmities Of tho law IN dealing
with the sosp-box orators, so his obJec-
ton on thai score to its being pub
lished now Is past
81 have no contention with Mr.. Konta
nor with the grand jury" said the Dis,
trirt Attorney. There is no discord
between the grand jury and myself |
dii disagree with Mr.. Konta in regard
10 the law and procedure, but that IS
mast. The whole thing was a tempest
in a teapot started by the newspapers
7 don't believe that Mr.. Konta was
actuated by any desire 20 crtscise any,
BODY. The whole situation was seized
upon by one or two newspapers 20
create a situation.
"Of course. err election is impending
and perhaps it is to be expected that
some people will adopt unfair methods
10 hurt a candidate they do not like,
but IL is decidedly against the Amer
lean spirit Of fair play to go TO the
ends that one morning newspaper did
to-day in saying that some unnamed
member of my staff had asked the
grand jury to hand up a presentment
attacking the work Of the Police De-
partment.
az took that before the grand jury
to-day and asked the grand Jurors II
any Of my assistants had even suG-
gested anything Of the kind, and they
unanimously assured me that nothing
of the kind had ever happened"
Hearing of PaciEsts in