New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-30
Three Inquiries
To Sift Primary
Fraud Charges
Swami and Lewis Act; Gov.
ernor Ready-Mitchel Cam
paign Opens Tomorrow

These were the chief developments
yesterday in tho complex situation
growing out of William NJ. Bennett's
victory over Mayor Mitchell in the Re
publican primaries:
The investigation Of alleged frauds
in the Republican primary loomed
large in the announcement Of Dis
trict Attorney Swami that the exami-
nation of eighteen election inspectors
from tho 18th Assembly District had
already produced sufficient evidence
on which to ask the special grand
jury for indictments.
The District Attorney will apply
for court order tomorrow TO OBJ
tain possession Of the ballot boxes.
in order to have the irregular" bal
lots as evidence. Voters whose
names appear on certain polling lists
will be subpenaed and questioned.
District Attorney Harry Z. Lewis
OF Kings County started similar
investigation of alleged frauds in the
Brooklyn Republican primary vote.
Governor Whitman, through Attor-
ney General Merton E. Lewis. may
institute a third investigation of the
alleged election frauds.
Mayor Mitchell and William NJ Ben
nett both made it clear that they
would stay in the Mayoralty fight to
the finish.
The Fusion Committee. the Cham
Der of Commerce and other civic
bodies planned a monster mass meet
ing in the City Hall plaza tomorrow
noon, at which the Mayor will for
mslly accept the independent nomina-
ton. and speak from the City Hall
steps.
Mayor Mitchell conceded the nomi-
nation Of Mr.. Bennett. and will join
with him tomorrow In court proceed
ings TO substitute his name on the
official Republican ballot.
Eighteen inspectors Of elections in
the 18th Assembly District were Ques-
toned yesterday by Assistant District
Attorneys 0lcott and Wallace regard
ing evidence Of primary frauds in that
district. Grand jury subpGnas will be
served on them Monday.
District Attorney Swami declared he
could not proceed with his investiga-
tion until he gets an order from the
courts for the ballot boxes. He said he
expects to continue the grand jury in
vestigation, as the law gives him juris-
diction over the Attorney General be-
cause he initiated the proceedings.
However" said Mr.. Swami, Governor
Whitman can take the cases out of my
hands any time he chooses by designat-
ing the Attorney General. We are m
perfect accord, and the Attorney Gen
eral shall be welcome to the cases il the
Governor so elects"
Assistant District Attorney General
Olcott said the inquiry is being con-
Quoted under Sections 751 and 753 Of
the penal law. The first applies to
erasures of ballots and miscounts tend
ing 10 Corrupt the results Of an cleo
ton" II constitutes a misdemeanor.
The other section is more general and
covers almost any act on the part Of
an election official to corrupt election
results and constitutes felony. In
both cases intent must be shown.
Mr.. Swami was reminded that Mr..
Bennett had not provided him with any
bc hot n a
believed Mr.. Bennett was reluctant to
do so.
81 guess Mr. Bennett has been too
busy. | can't say | believe he is re-
luctant." he replied.
Assistant District Attorney Wallace
said last night that he had examined
the signatures of some of the voters
in the 18th Assembly District and had
compared them with the signatures of
the same voters in the registration
books.
al am not handwriting expert, by
any means he said. "but ] must say
that a number of them show remark
able contrasts"
Voters To Be SubpPnaed
Mr.. Wallace said several of the voters
will be subpGnaed and asked whether
they cast the ballots deposited IN their
names. If they swear that they did
not. and that the signatures in the
poll book purporting to be theirs are
false, forgery has been committed, Mr.
Wallace said.
Mr.. Wallace also said he found that
in nearly all the districts the primary
laws had been violated, because the bal
lots had not been canvassed by the Off
cials of both parties at the polls. The
law provides that they shall elect a
chairman from both parties and can.
vass the results together, instead OF
Cx:.I m p1no "a