New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-03
District Attorney Gets Aid
of Hugh Frayne, of
A. F. of l..
GENERAL SESSIONS
COURT HOLDS ALOOF
Breckenridge Denies He
Was in Service Of EN-
ployerS When in Office

The labor union issue was injected
into the case Of District Attorney
Swami last night Hugh Frayne, in
charge of the New York Offices Of the
American Federation Of Labor, de-
clared that organized labor to "a man
will stand back Of District Attorney
Swami in his defence Of the fraud
charges made by James A. Delehanty'
That certain leaders Of organized
labor had entered into a deal with
Tammany Hall to lend their support
to the Tammany ticket in 1915 on con-
dition that the indictment against the
twenty-eight labor officials involved in
the charges be dropped is one Of the
allegations brought TO the attention
Of Governor Whitman.
District Attorney swami, in state
ment issued last night, declared that
Lucian $. Breckinr!ogc, whom he re-
CARDS as primarily responsible FOR the
charges filed by Delehanty against Mr.
Swami. was in the employ Of the man
ufacturers' associations while he was
AN Assistant District Attorney working
M the cases against the twenty-elght
union labor leaders. When Mr.
Swaun's statement was read TO him Mr.
Breckenridge said:
II DENY il absolutely. IL is false IN
toto. do not wan, TO enter INTO any
further controversy now with Mr.
Swami. MudslinginC between Us viii
have no effect on the charges against
him which are now before the Gov
Crnor. ] never appeared for any OF the
manufacturers before ! left the Office.
] never had any OF them as clients
while I was i'm the Office. | have from
time 10 time since ! left the Office had
some of them for clients As a matter
Of fact. the manufacturers never rem
dercd any assistance. J never received
auv assistance from them while IA Of
fee.
"Thev hindercd the prosecution in
stead OF helping it. Mr.. Swanp's charge
is false I'm lis entirety. ] shall not en-
Ter into any debate with MIN. o DO
so might sidetrac6 the issue, which Is,
Did Mr.. Swami do something ne hau
no right to do ~
Swami Scorns Attack
I'm the statement the District Attor-
new made a fresh attack OF Delehanty,
which. when brought 20 his attention.
brought forth the following commenJ'
"Iti is too nonsensical 20 answer
In irving out his latest attacks Dis
trict Attorney Swami let it be known
that he would let loose a blast to-day
against prominent Republican. II le
understood that IL VIII be along SIM
Law lines as his attack last night on
Mr. Breckenridge.
The District Attorney lost in his et-
forts to forestall the investigation into
his official acts by Governor Whitman;
This he learned last night, when WORD
was brought TO him that the judges OF
the Court Of General Sessions, when ne
asked to investigate the charges, had
agreed not to grant his request.
Mr.. Swami appeared before Judge
Nuloueen i'm Part ! Of General Sessions
early in the day and asked that the
court probe the Delehanty charges
Friends of Mr.. Swami had hoped that
his request would be complied with,
for thew banked on the fact that -four
Of the seven judges are Democrats
and that the District Attorney, in one
of his statements to the press, charged
that the accusations against him were
thc result Of political conspiracy on
the part Of Republicans to wrest has
office from him.
Five Judges Attend
The Judges reached their decision at
O. luncheon at the Hardware Club. FIVE
Of the seven attended. Besides Judge
Mulaueen they were: Judges Rosalsky!
Mott, Grain and Wadhams. One. OF
them. discussing the case later, said;
at is only a question Of three or
four days when the Governor will serve
Mr.. Swami with a copy Of the charges
and call upon him to answer. That
act would Immediately take the matter
out OF our hands, even if we went into
H.. which we have no desire to do.
"Tbe constitution Of the State Of
New York, Article X, Section 1, pro-
vides that the Governor may remove
any District Attorney in the state after
giving him a copy Of the charges
against him and an opportunity to be
heard in his defence. The decision Of
the Governor in sucn q proceeding is
not renewable.
"Now in face Of this provision. the
only one in law providing for the near
ing of charges against a District Attor-
NV hon, Gould tho iudcrae Of this cOurt