New-York tribune., 1919-11-21

this second charge alone that appar-
emily concerned the District Attor-
ney. This is evident from the Dis
trict Attorneys statement in his let
ter to you, page /, lines As.
Immediately after this grand
jury was directed by Jastice Bar
tow S. Weeks to consider the
charge made that the officials of
the lnterborough Rapid Transit
Company had conspired with its
employees known as the brother
hood of Interborough Rapid Tran
sit Employees. to foment a strike,
| proceeded to present all the evil
dence upon that subject which was
available,'
which statement omits reference to
the charge of the court relating to a
further violation of the statutes"
Mr.. Almirall replies to Mr.. Swann's
denial that the District Attorneys office
impeded the work of the jury with the
submission that eff the District At
torney believes he states the truth he
could best have substantiated his posi-
tion by offering to petition the court
to disclose the minutes of the jury.
The grand jury hereby invites the Dis
trlct Attorney to join in it's petition
to the court to this effect"
Traction "Prejudice"
Replying to MIR. Swann's charge that
Mr.. Almiral is prejudcted in favor of
the traction interests, the foreman
says:
The attempt is apparent to have
you believe that the foregoing were
the reasons of his challenge made
in open court on October 10, whereas
the facts are that the District At
torney was severely rebuked by the
court for illegally challenging un-
named members Of this jury, and the
District Attorneys statement to a
large group of jurors assembled i'm
mediately after the court proceeding,
specified but two men, the foreman
and the secretary, charging the first
with employing Mr.. Delaney Nicoll
as his attorney and the latter with
representing J. P. Morgan &. Co in his
position as president of Harper e.
Bros. The foreman then stated to
the District Attorney that he had
never met and did not know Mr.. De-
Lancey Nicol. and the secretary
stated that he did not represent ].
P. Morgan g. Co. in his position with
Harper & Bros, and that his only
connection with the Morgan firm was
that the Morgan family owned bonds
of Harper e. Bros, securing a per
sonal loan Of the late J. P. Morgan
made many years ago"
Calls Swami Charge False
Mr.. Almirall says that he was ap-
pointed as one of three experts to re-
port en- construction problems in con-
nection with the building of the sub
Il; VII Il Il
in 1907. He charges that the District
Attorney chad not obtained evidence
Of the facts upon which he based his
charge OF untitncss." He continues:
"lt must be manifest from the
foregoing statement that the Dis
trict Attorney had not obtained evil
dence OF the facts. inasmuch as his
allegations were not facts; and
therefore, that there was absolutely
no justification whatsoever for his
insistent request to the grand jury
that the grand ury allow him to
withdraw the case from the further
nsderation of this body, thus
usurping d function limited to the
court itself"
Mr. Almirall brands as "wholly false
and absolutely without warrant" Mr.
Swann's statement that the purpose OF
the grand }rry was to help the trac-
tion Interests to get an Scent fare
continuing:
New Charges Against Swami
"Thc sole purpose of this body is
to Investigate and consider evidence
of crime, without fear or favor. in
Guiding willful and corrupt miscon-
duct in office of public officials.
Summarizing the situation, your