New-York tribune., 1919-12-17
Attitude of Panel Unoffi-
cially Stated as One of
Ratification, but With
Prob a bic Reservations
Open Inquiry Opposed
McAdoo Finds Legal OBJ
stacles, but Swami Says
Request Is Misunderstood

The extraordinary grand jury will
find Joseph Proskauer acceptable as its
special legal adviser in it's inquiries
into the Offices of District Attorney
Swami and Hylan administration, it
was learned yesterday from unofficial
sources familiar with the grand jury
situation.
But before the panel formally &C
ccpts Mr.. Proskaucr the jurors will ask
for assurances that the inquiry under
him be conducted in absolute indie
pendcncc of Mr.. Swann's Office, it was
rumored.
While none of the grand jurors
would discuss the appointment, it was
expected that the panel would ask that
the inquiry under Mr.. Proskauer be
Mr.. Swann's Office as if Governor
Smith had appointed the Attorney
General of the State as special counsel,
as the jurors unsuccess fully re-
quested.
May Ask Other Quarters
The jury will ask, it was reported,
that all minutes and exhibits of its
deliberations be kept from the Dis
trict Attorney. 1t is also expected to
request that its headquarters be trans
ferred to some place other than the
Criminal Court Building. which also
houses Mr.. Swann's office. Another re-
port was that the grand jury would
expect the development, under Mr..
Proskauer, of an organization of proc
ess servers, clerks and other assist
ants entirely Independent of Mr..
Swann's staff
The grand jury was said to be hope
full that these matters might be ar
ranged and the inquiries proceed
promptly under Mr.. Froskauer
Swami May Oppose
Opposition to the plans of the grand
Jury will come from District Attorney
Swami, it was indicated yesterday
When Mr.. Swami heard that the jury
might accept Mr. Proskauer with the
understanding that he (Swann) be de-
MED all minutes, he said:
There will be no restrictions They
will accept Mr.. Proskauer as he is or
not at all ! am the District Attorney
Of this county and shall remain Dis
trict Attorney to the end OF my term
unless removed by law and shall per
form all the functions of my office
On other occasions Mr.. Swami has
stated flatly that he would insist on
the minutes, to which he is legally
entitled, and that all persons who at
tempted to remove the minutes from
the possession Of the District Attorney
would be indicted.
When Nh Swami was asked whether
he would request an appropriation fol
d special staff for the jury, he said:
II do not care to discuss that Ques-
ton. We Will give Mr.. Proskauer al
the aid the District Attorneys office
can give"
Mr.. Swami also said he had sent tt
the grand jury a stipulation consentinl
that an order be entered directing tina
all minutes of the testimony taken be
fore the extraordinary term except the
minutes in the criminal anarchy cases
be filed in the Offices of the clerk O
this court and become public record.
"All or None
This was the District Attorney
answer to statements attributed anony
mously to jurors, quoted as stating tina
the jury would be pleased to hav
the sections Of the minutes dealins
Frank II. Hedley and others in regar(
to the Interborough strike conspirac.
charges made public.
81 have forwarded this stipulation,
said Mr.. Swami. sin order that the
grand jury may make the minute:
public, provided the court consents
without Embarrassment from me.
want the full context Of the minute:
made public. do not want then
carved up. I want all or none. Let
have the whole thing.
81 want the public to see whethe,