The sun., 1918-10-26
GRAZIADIO FREED,
THEN REARRESTED
Judge Malone Dismisses In
dictment, but Swami Orders
Slayer Suspect Seized.
NEW WITNESS SAW SHOT
Accused Retaken Just After
Identifying Policeman He
Says Beat Him.

Following the dismissal of an indict-
mont charging him with murder oy
Judge James T. Malone, General Ses-
sions. yesterday. Arthur Graziadio was
rearrested for the same crime In the
afternoon by order of District Attorney
Swami.
Hardly had Graziadio walked from
court a free man before he started ac-
tivities to bring about the prosecution
of the policemen who. he alleges, beat
him in an effort TO make him confess TO
the murder for which that Judge Malone
saw At TO dismiss charges against him.
It was when he was in Police Headauar-
ters to Identify the policemen that he
was rearrested.
Only a few moments previous he had
picked out of a line OF men. Detectives
William Quaine and John T. McLaugh-
lin. whom he identified as two Of the
policemen who beat him August is when
he was arrested and taken to the 126th
street police station. He made the iden-
tiHcation III the presence OF Assistant
would bring charges against the police
men.
10 welts Found on His Back.
When Graziadio was arraigned in a
Magistrates court two days later his
condition was such that the Magistrate
ordered a description of 1t embodied In
the record. Later, Or. Otto SchultZe,
the District Attorneys physician, ex-
amined him and found nineteen welts
upon his back, which. he said, appeared
to have been made by striking him with
a rubber hose, the instrument Graziadio
claims the police used in trying to ex-
tort a confession from him.
Immediately after Identifying the de-
tectives. Graziadio started for the street
ana had just got through the revolving
door in Centre street when Detective
ouaine and Lieut.. Frank ]. Steinkamp
arrested him.
He will be arraigned In the Tombs
court to-day on a short affidavit charg-
ing him with the murder of Ferdinand
La Regina. a grocer, 236 1oSth street.
on August Z. the same crime charged
In the dismissed indictment.
The affidavit is based upon the testi-
mony Of Sam Sanders, a tinsmith, 335
East Seventy-fourth street, who told
District Attorney Swami yesterday af-
ternoon that he distinctly saw Graziadio
fire revolver into the house IS East
1OSth street, where the dead body OF La
Regina was found by the police.
Sanders had come to the District At
torney TO ask police protection from some
men who had repeatedly sought him out
at every place he moved TO in order TO
escape them and threatened to kill him
IL he testified to what lie knew about
the murder.
Sanders is positive In mis- identification
Of Graziadio as the murderer
Judge Malone. in Diminishing the in
dictment yesterday. said:
The court feels that the motion to
dismiss the indictment ought not to be
granted unless sufficient grounds were
urged to require IT. was very
much amazed when I looked through
this record and discovered that the de-
PENDANT could be charged with so seri-
Gus a crime as first degree murder on
such unsatisfactory evidenCe-evidence
that would not be likely TO be taken on
trial. But more than that. and conced-
ing that the testimony taken was unob-
jectionable, the quantity was not
sufficient
THE test is that evidence ought to BE-
such. rs produced before the grand Jury,
that II unexplained and uncontradicted
a trial jury would be obliged to convict
do not believe that in any court in the
land under the flag would the evidence
before the grand jury be considrd suf-
hcient.'
swami Resents Action.
Mr. lie Barber commenting before
the court upon the district attorneys
action. said that the district attorney
was floundering around IN a mass Of
antiquities"
I'D like to know how much more
evidence he wants than this" District
Attorney Swami said later. holding at
arms length transcript of the record
submitted to the grand jury.
''lf this Is insufficient evidence. what
is sufficient evidence the district at
torney continued, waving the record
Referring to the dismissal of the indict-