The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-10-30
GRAND JURY RAKES
SWAMI AND STAFF
Severely Criticises District At
tOrney's Office in the
GraZiadio Case.
PROSECUTOR HITS, BACK
Says Foreman Parsons At
tempts to Justify Action of
Judge Malone.

District Attorney Edward Swami and
the members of his official stan were Sc
verely criticised yesterday In a present.
,ment handed to Judge James T. Malone
in the Court of General Sessions. The
Grand Jury making the structures upon
the prosecuting stan based its charges
upon the manner of presenting to the
jury the case of Arthur Graziadio, under
arrest on suspicion of numbering Fer
dinand La Regina, a grocer. on Au-
gust z.
The drastic rebuke from the Grand
Jury brought from District Attorney
Swami the sensational charge that Ed
serton Parsons. foreman of the jury.
was a personal friend OF Judge Malone,
and that the purpose OF the presentment
was TO justify the dismissal by Judge
Malone OF a prior indictment against
the same defendant in the identical case.
1t was the first time in eighteen years
that a Grand Jury had taken to task .
District Attorney in New York county.
Series of Criticisms.
The presentment stated that the man
ner In which the case was brought be-
fore the Grand Jury was not in con-
formity with the standing and dignity
of that body; that the evidence was not
sufficient to warrant an indictment for
murder In the first degree, or any other
crime. however trivial: that the identi-
hcation of Graziadio by an alleged eye
witness was uncorroborated that the
witness Is not reliable and that his
credibility Is questioned, and also that
the case was presented piecemeal, despite
the request OF the Grand Jury that IL be
consistently and continuously presented.
Graziadio had been before Judge Ma
lone on Friday, and the Indictment re-
turned by a previous Grand Jury charg-
ing him with the murder of La Regina
was dismissed by the court on the
grounds of insufficient evidence and OF
n quality that should never have been
presented to the Grand Jury.
Five hours later Grazisdio wac re-
arrested by the order OF District At
torney Swami, when Graziadio had gone
10 Police Headquarters to Identity GER
lain policemen he accuses of having
beaten him in an effort to extort a con-
feseion OF the murder. On October 81
tho District Attorneys Office began anew
an effort for superseding indictment.
and 1t is this effort that the Grand Jury
criticises.
Summary OF Presentment.
The presentment follows in part:
I've wish to call you Honor's atten-
tton to certain facts:
Il. That this case was brought before
the Grand Jury piecemeal instead Of the
request OF the foreman that It be con-
tinuously carried on.
~. That a statement of the witness
Saunders concerning material matter
VAS denied by the deceased in the pre-
mortem statement and also by one OF
the other witnesses called in the case
80. That the case rests wholly upon
the testimony OF Saunders. on whose
credibility this jury cannot rely and
whose testimony is uncorroborated as 10
the Identification of the defendant
-. That this jury cannot refrain from
calling your Honor's attention TO the
fact that this case has been withdrawn
from this Grand Jury while there Is am
pie time for this Grand Jury to consider
IT further IL a new indictment were pre-
scented.
"5. That this Grand Jury, acting under
the law by which II is constituted and
under the instructions to It given by your
Honor, cannot refrain from calling the
attention of your Honor to the fact that
no reason has. been developed by the
testimony in the case TO justify the
bringing Of an indictment before this
Grand Jury on complaint of murder in
the first degree or from any other crime
however trivial.
"6. That in conclusion this Grand
Jury cannot but help call your Honor's
attention to the fact that in view OF the
remarks made 10 this Grand Jury by the
District Attorneys office az an excuse
for not presenting this case before this
Grand Jury. and from the facts that
have come to the attention OF this Grand
Jury concerning the case that this case
has not been presented to this Grand
Jury In a manner consistent with the In
telligence and dignity OF this body.
"EDGERToN PARSONS, Foreman"