The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-24
GOVERNOR TOLD
SWAMI BLOCKS
HUNT FOR CRIME
Grand Jury's Petition to
Governor Says "Overshad-
owing" Case Is in Peril.
CONFERENCE AT ALBANY
District Attorney Denies AL
mirall's Charges-Smith
Withholds Decision.
CONFERENCE AT ALBANY
Special Despasch to The Sun.

Albany Oct %. - Edward Swami,
| District Attorney of New York county,
was summoned to Albany to-day by
request Of the foreman of the New
York Extraordinary Grand Jury, Ray
mond F. Almirall. that Mr.. Swann be
supplanted by a Deputy Attorney
General in the investigation of alleged
collusion between the Interborough
Rapid Transit Company and the Broth
erhood of Interborough Employees in
the recent strike.
Mr.. Swami was accompanied here by
his chief assistant, Alfred J. Talley,
and as result of the conference with
the Governor he issued a statement in
which he charges that Mr.. Almirall
and other members Of the jury have
various sorts of financial and other
connections with the Interborough,
and that their action was based
upon a desire to get higher traction
fares.
The Governor said tonight that he
had not yet made up his mind what
course he will pursue regarding the re-
quest of the foreman of the Grand Jury.
At the same time he made public por-
ton of the letter which he received from
Mr.. Almirall yesterday, in which the
Grand Jury foreman charged that the
District Attorney had failed to make a
proper examination of Mayor Hylan and
other witnesses; that. in fact. Mr.. Swami
had impeded the examination of the
Mayor and of the city editor OF the New
York American, and had acted as their
advocate rather than as attorney to the
people and legal adviser of the Grand
Jury
Overwhelming Crime.
a crime which completely over
shadows that charged by the Mayor may
escape detection II District Attorney
Swami is not supplanted in this invesu-
CATION" said Mr.. Almirall in his letter
10 the Governor Therefore this Grand
Jury unanimously, very earnestly and re-
spectfully petitions you to cause the
designation of an adviser, man whose
I probity and ability is securely intrenched
in public opinion. The Grand Jury con-
power OF your office to relieve It OF the
singularly unfortunate predicament of
being without proper legal counsel /;
counsel to which 1t may assuredly refer
for unprejudiced and learned advice to
guide it in it's deliberations and In the
\ fulflment OF it's sworn duty.
Members Of this body, though selected
by the District Attorney with unusual
care involving the procedure Of chal-
lenge, have been illegally assailed and
falsely criticised in court by the Dis
trict Attorney without the opportunity
OF reply because OF the secrecy imposed
upon them under the law. Following a
pronouncement in open court on the 18th
instant the District Attorney, without
legal or moral right, endeavored unsuc-
cessfully to have this body discontinue
any further consideration OF this case.
Obvious and strenuous efforts In this
direction followed; biased and inac-
curate Information has been widely dis
seminated by the District Attorney in the
New York AmerIcdn and the New York
Evening Journal II has been sought,
and perhaps with some success. to create
tn the minds OF the people the false no.
ton that this Grand Jury desired to de-
termine the question OF whether the In
fterborough Rapid Transit Company
should be permitted to alter its rate OF
}fare"
District Attorneys Reply.
In the statement issued by the Dis
rict Attorney emphatic denial is made
lof all Of the charges brought against
flm by Mr. Almrall. He said that
(When the Grand Jury called for clerks
senographers and accountants to &c
over the books OF the transit company
ne could not believe anything but that
the Jurors were going into the fare ques-
,'oH S,th lN- ides of getting an z cent
rare Tor the corporation.
y deem It TO be part Of my official
DUTY he said, mot to sanction, with.
~ protest the use of the prestige OF
fhe Grand Jury for the advancement
Pi private business ends.
deny In full the statement of Mr.
Almirall made in his letter to you that
ne examination of the Mayor and the
~ editor Of the New York American
vas IN any way impeded or interferec
'h by the District Attorney. or thai
HeH proper examination was in any
manner evaded. The minutes Of thu
II X''ahd jury disclose an entirely differ,
IVY STATE OF facts So long as the Grand
Jury vas willing to confne it's inquiries
~ me matters which 1t was charged
the court to inquire into, the Crane
JuIE was given every aid in my power tC
we Oui when a Grand Jury seeks L
50 beyond the plain scope OF such al
.Hqulty ana inquire into matters whicl
S.e eNtraneous and in no way related. ,
In II m; duty to advise a witness
-" MS constitutional rights unde
- circumstances may be. so that tn,
uclaI position OF an Individual granC
tgIor may not be taken advantage OF b,
a''n and used for official oppression O
IA did not assail or falsely CRITICS,
continued on Eighth Page.