New-York tribune., 1919-11-01
District Attorney Says
He Won't Act on Own
Immunity Except in
Regular Jury Session
Justice Weeks
Holds Conference
Report Says W. r. Hearst
Is To Be Witness in
I.R.T. Conspiracy Probe

mo extraordinary grand jury,
which has appealed both to Justice
Weeks and Governor Smith to oust
District Attorney Swami from dircc-
tion Of its inquiry into Mayor Hy-
lan's Interborough strike conspiracy
charges, asked the District Attorney to
/ appear before yesterday.
Mr. Swami complied and went to the
grand jury room, where the jurors
were sitting informally as individuals
before going into regular session.
There. it was said. the District Attor-
ney was asked if he would be willing
to sign waiver of immunity if asked
to appear as witness in the investi-
CATION.
Mr.. Swami is said to have replied
that he would not answer this question
unless it were asked formally by the
grand jury in regular session. Where
upon the grand jury, which, through
Raymond f. Almirall, its foreman, told
Governor Smith that unless special
legal counsel outside Mr.. Swann's Of
flee were assigned it crime complete
ly overshadowing Mayor Hylan's Inter
borough conspiracy allegations might
escape detection," promptly convened
in it's official capacity.
Grand Jury Room Secret
Mr.. Swami was in the room when
the jury began functioning as an Of
ticlal body. Whether the juy then
formally renewed its immunity waiver
inqu ~ is grand jury secret.
Sh )rtly after this the jurors, headed
by Mr. Almirall. went down to the first
floor Of the courts building. The jurors
eled into the Criminal Trial Term Of
u ! Supreme Court, while Mr.. Almirall
went into conference with Justice
Weeks, who presides over the jury,
in the latter's chamber. A few min
utes later Mr.. Swami and Alfred J. Tai
ley, his chief assistant, joined them.
At o'clock Justice Weeks sent out
word suggesting that the jurors take
lunch.
A score or reporters court attaches
and attendants were in the court room
just before 3 p. NJ, when the Jurors
returned, and Justice Weeks went on
the bench. He looked at the crowd
and said:
The grand jury has requested cer-
tain information from the court in re-
gard to the conduct Of its business,
and this is a private session Of the
grand jury: All those other than grand
jurors, their stenographer. the District
| Attorney and his staff will leave the
I ROOM"
Swami Starts Objection
The newspaper men and regular
court attaches started for the doors.
District Attorney Swami interposed:
81 believe, your honor, that the grand
jury had filed into open COURT
"Mr. District Attorney, | have stated
the purpose of this meeting" Justice
Weeks interrupted.
Every WE'LL" said Mr.. Swami
The courtroom was cleared, Alfred T.
Talley, Alexander |. Rorke. Robert NJ
Johnstone and William c. Petty, assist
ants to Mr.. Swami, remaining with
their chief.
After a secret session which lasted
until 4:30 o'clock the grand jury which
through its foreman had told Governor
Smith that Mr.. Swami had "scriously
impeded" its examination Of the city
editor Of "The New York American, :"
Victor j. Watson, and Mayor Hylan.
both summoned in connection with
the transit inquiry, adjourned until day
after to- morrow.
Justice Weeks, District Attorney
Swarm and Mr.. Almirall all declined
to discuss the proceedings.
1t was rumored that the jury was
considering calling William Randolph
Hearst as a witness.
a presentmcnt on the traction stu
alton has been expected from the
grand jury. It was reported yesterday
that the jury had decided to hold off
this communication, which was rumored
to be an arraignment of several prom
inent New Workers, because of the
fear that if filed before election it
might be construed as done for poli,i-
\ cal effect.