The sun., 1918-10-27
PLOT TO 'RAILROAD'
GRAZIADI0 CHARGED
Justice Hendrick Grants Ha-
beas Corpus Writ, Return
able Tomorrow.
LAWYER ACCUSES SWAMI
Says Youth, Once Freed OF
Murder Charge, Is HOunded
by District Attorney.
LAWYER ACCUSES SWAMI

Justice Peter A. Hendrick granted yes
terday a writ OF habeas corpus requiring
the warden of a city prison to produce
Arthur GraEiadio In the Supreme Court
tomorrow morning at 10 80 o'clock for
the court to ascertain whether he IL be-
ing improperly held after his rearrest
for murder, upon the charge Of which he
had just been liberated by Judge James
T. Malone Friday morning.
Graziadio. accused OF killing Ferdi-
nand La Regina. was rearrested about
six hours after Judge Malone had dis
missed the indictment against him. He
had gone to Police Headquarters to
Identify the policemen he says beat him
August 16 in an effort to extort from
him a confession of the murder. After
Identifying two as his assailsnts he was
rearrested as he was leaving the build
ing. District Attorney Swami had or
dered his arrest and had caused an affi-
davit to he sworn out by Samuel San
ders. who declared to the District At
torney that he saw Graz.adio' shoot into
the place where the murdered mans
body was found.
Charles lie Barber, attorney for Gra-
ziadio, obtained the writ upon tho state
ment'of the defendants brother-in-law
Lawrence Richie. who alleges that Ora
zladio was improperly arrested after be-
ing freed.
Calls II Knockout for swami.
The District Attorney has received a
knockout In this case" Mr.. lie Barber
declared. He is trying his best to rail-
road my boy client to the electric chair.
don't believe that the police will beat
up my client this time because they have
learned a lesson. IL there Is any Justice
In the land the District Attorney and
the police will not get away with any
such highhanded actions"
Graziadie was arraigned before Mag
istrate Ellsworth J. Healy in Harlem
court yesterday morning on a short affi-
davit sworn to by Lieut.. Francis A
Steinkamp OF the East 104th street pc.
licc station, who charges him with "sus.
picion of homicide" 1t Is based upon the
statement OF Sanders, which roads:
That Graziadio on August Z. while
acting IN concert with two other un.
known men. wilfully and feloniously shot
La Regina, who was shot in the abdo
men with a revolver held In the hands
OF one OF the three men"
Sanders In telling the District Attorney
that he saw Graziad!o fire the fatal Sho
added that the two other men were
standing near by.
In dismissing the Indictment Judg,
Malone said that the evidence presented
to the Grand Jury was insufficient ant
of quality that did not warrant th'
returning OF an indictment and that "l
| was very much amazed when l looked
through this record and discovered tina
the defendant could DO charged with sc
, serious crime on such unsatisfactor,
evidence"
Defendant Held without Bstl.
After his arraignment on the new
| a affidavit Graziadio was held without bal
upon the motion OF p. F. Marro Deput,
| Assistant District Attorney. Mr. l.,
Barber objected to the granting OF tn,
| adjournment.
He said that he will accompany hi
| client into the Magistrates court anC
plead for a dismissal OF the short affi
| davit and, II Il is not granted. he vii
| so before the Supreme Court with Ora
ziadio to await the disposition OF tn,
charge there.
Graztadlo's complaint against the pc
| lice will be presented to a Magistrat,
| some time this week. according 10 AS
sistsnt District Attorney Banton, WHIT
mas been investig sting the affair. II,
| directed the identification of the police
men who Graziadio alleges beat him.