New-York tribune., 1919-12-13
District Attorneys Offer to
Assign Two of His Assist.
ants, Both Republicans, to
Aid Panel Is Declined
Would Publish Minutes
Both Sides Favor Publicity
for Traction Testimony
of Hylan, but Do Not Act

District Attorney Swami Yesterday
extended the olive branch to the
extraordinary grand jury, and metwith
a rebuff for his efforts.
Assuring the jury of his readiness to
put aside matters of personal diff
ference in the advancement of the pub
lie business" Mr.. Swami offered the
panel services of two Of his assistants.
Nelson Olcott and George N. Brothers.
Both are Republicans, appointed by
former Governor Whitman when Dis
trict Attorney. Olcott is the son of
former Judge w. M. X. Olcott.
Raymond F. Almirall, foreman of the
grand jury, which is officially pilotlcss
refused the District Attorneys peace
offer. He declared that the jury's po-
sltion was fully explained in it's letter.
dated November 20 last, to Governor
Smith. In this letter the jury asked
the services of the Attorney General of
the state.
Swami Criticizes Jury
Mr.. Swami said the jury's declina-
tion of his offer showed it placed "per-
sonal antagonisms above the public in
terest"
II suggested these two members of
my star, who would proceed in lawyer
IKE fashion, without regard to any
1nlhg put the legal aspects of the
case" said he.
1T simply represented my desire to
put the public interests before anv-
thing else, to submerge all personaii-
ties and to advance the public interest
solely. The public is not interested in
personal differences between officials.
For the sixth time have requested
the grand jury to stop their pickering.
their constant wranglng and get down
TO the business of the county, to let
the dead past bury its dead, to let
there be new day, and they declined
to do it,
Raises Constitutional Point
The constitutional rights of citizens
are being invaded because the jury has
no legal adviser, Mr. Swami went on.
adding:
"The jury declines to let any mem
Der of the District Attorneys staff
enter the grand jury room, except in
anarchy cases. Both the state and
Federal constitutions provide certain
privileges to all citizens charged with
crime. These rights are being invaded
right nov unwittingly by the jury
the District Attorney"
The District Attorney also said Mr.
Almlralls reply to his peace offering
wa, was printed on letter headed
Extraordinary Grand Jury, 12 East
Forty-sixth Street, New York" the ad-
dress of Foreman Almirall's private
Office.
Swami Knows of No Dictaphones
. In the letter offering the services of
the two assistants Mr.. Swami com
mented on reports that the Jury be-
ieved dictaphones had been Installed
IN its room and the telephone wires Of
certain jurors were tapped, saying he
had no knowlege of any such practice.
IT any one was spying he would be
prosecuted, Mr.. Swami said.
Both sides in the controversy yester-
day expressed eagerness to have the
jury minutes made public, but neither
took any step. The grand jury, it was
stated, would consent, if Mr. Swami
asked it, to have the minutes dealing
with the examination of Mayor Hylan,
Frank H. Hedley and others in the In
terborough conspiracy inquiry made
public.
II accept the challenge" Mr.. Swami
said, "but | want the whole and not q
part of the minutes made public"
Regarding the jury's action in order
ing Fishburg, official stenographer, not
to transcribe his notes in the CASTOR
B. Means hearings, because Assistant
District Attorney John T. Dooling fig
ured in the testimony, Mr.. Swami said
he would refrain from having the min
utes transcribed. so the jury would
have no cause for criticism.
Governor Smith made no comment on
Mr.. Battles request that he be relieved
as special counsel