New-York tribune., 1919-11-12
Correspondence Between
Hylan, Swami and News.
paper Company Enters
l. r. t. Conspiracy Case
Editors Lawyer to Testify
Mayor, Despite Inpound.
ing of Papers, Not to In
terfere in Investigation

William r. Hearst's chief counsel,
William A. De Ford, and David Hirsh-
field, Comm issioner of Accounts, will
appear to-day as witnesses before the
extraordinary grand jury investigating
charges of conspiracy against the In
terborough and the "ovcrshadowing
crime" spoken of by some of the jurors
Subpoenas for the Hearst lawyer and
the city official were issued yesterday
after committee of eight Of the grand
jurors had spent a busy session bar
rowing through the mass Of documents.
private correspondence and contracts
iinpoundcd the day before from the
Offices Of city officials.
1t was learned yesterday that certain
of these officials were ordered to pro-
duce before the grand jury "all letters
and correspondence sent by Mayor Hy-
Ian to District Attorney Swami and the
Hearst Publication Company" The
summoning of De Ford yesterday, on
the heels of this. was taken as the
clearest indication thus far in the in
guiry that Hearst and the Hearst
papers are considered vital factors of
the subjects under investigation.
Hylan Not to Interfere
Mayor Hylan, in spite of his attack
on the grand jury for impoundng his
private correspondence, will not take
any steps to impede. the investigation
of the seized letters. This announce
nent was made iast night after William
2. Burr, Corporation Counsel, had en-
gagged in lengthy conference with
District Attorney Swami and Assistant
District Attorney Talloy.
Mr.. Swami said the Mayor considered
, the grand jury's act an invasion of
his private rights and an effort to
embarrass the city government. He said
the Mayor also was of the opinion
that the grand jury had no power to
issue subpoenas calling for the seizure
OF all correspondence in the files of
city officials, without specifying the
subject matter sought for.
Corporation Counsel Burr told Mr..
Swami the subpenas undoubtedly
could be Quashed, as being a usurpa-
tion of power, but that the Mayor had
decided to overlook the breach OF le-
gal etiquette and allow the jury to
have whatever documents or facts it
wanted which were in the possession
Of city officials.
Hirshfeld Fails TO Sign Waiver
Commissioner Hirshheld also was
called by the grand jury on Monday
!irst appearance Mr. Hirshtield did not
sign waiver of immunity. and it is
reported he will not be asked to affiX
his name to such waiver to-day. 1t
also was learned that Edward Hughes,
formerly police inspector and now
head of a private detective agency,
failed to sign a waiver of immunity
when he was called before the jury.
All the other witnesses, it is re-
.,nr{o6 ;,c1,,Gip,r Croyo,. Nba1or Coc,
missioner of Plant and Structures;
Police Commissioner Enright and
Deputy Police Commissioner Lahey,
waived their rights with regaru 10
future prosecutions before they test-
ned on Monday.
Raymond f. Almirall, foreman Of the
extraordinary grand jury, who wrote q
letter to Governor Smith several weeks
ago asking for outside counsel to re-
place District Attorney Swami in the
conspiracy investigation, refused yes
terday TO divulge any of the jurys
program OF action.
"Overshadowing Crime" a Mystery
Mr. Swami was asked last night if he
had any idea of what the "overshadow-
ing crime" was.
81 can't even guess" he said. When
he was asked if James E. Smith, the
Assistant District Attorney with the
Almirall grand jury, had not given the
information to him, he replied with a
hearty laugh:
"Jim Smith hasn't been able to find
out himself, or, if he has, he hasn't
been able to tell it to me-"
Mr.. Swami, in a warm defense of
Mayor Hylan and of his attitude in the
city's traction affairs, said:
"The Mayor may have a temper, and
! know he is pepperv, but he is abso-
lutely honest and absolutely right in
this thing"