New-York tribune., 1919-12-09
Almirall Repeats Attorney
General Is Desired; Smith
Says He ''Turned Them
Down Flatly'' ON That
Hylan Gets Subpoena
) Officials Must Produce
All Papers Concerning
the Markets Department

Subpenas duces tecum, calling for
the production before the extraordi-
nary grand jury of all letters, docu-
ments or reports dealing with any
phase of the official or unofficial bust
ness of the Department of Public
Markets were served yesterday on
Mayor Hylan =, Corporation Counsel
Burr, Commissioner of Charities Coler,
Commissioner of Accounts Hirschfield
and Controller Craig.
The subpnnas, issued at the instance
jury, are returnable to-day. They were
regarded at the Criminal Courts Build
ing as an indication that the grand
jury felt that papers subpenaed from
the Office of Edwin J. OMalley, new
Commissioner of Markets, on Friday
last did not give full details of all
transactions of the department.
1t was said the effort to round up
all documents bearing on the depart
ment's affairs showed the jury's deter
mination to sft to the bottom charges
made last week by DR.. Jonathan c. Day,
Jury Wants Attorney General
The service of the subpoenas and the
crystalization of opposition to George
Gordon Battle as counsel to the jury,
summed up in statement by Foreman
ments. Foreman Almirall declared the
panel still desired the services of the
Attorney General as it's legal adviser.
1t also became known definitely that
the grand jury will not accept Mr..
Battle, designated as its adviser by Mr..
Swami, at Governor Smiths suggestion,
unless he consents to be associated
with assistant counsel of the panels
choice.
Governor Smith, who was at the Bilt-
more last night, declared he would not
move until the grand jury formally no
tilted him of dissatisfaction with Mr..
Battle and that then the jurors would
have to "give good reasons" as to why
Battle did not please them.
Mr.. Battles withdrawal from the sit
uation was considered as not unlikely
at the Criminal Courts Building. Gov
ernor Smith will confer with Mr.. Battle
to day.
The subpoenas served on the Mayor
and other city officials were distributed
by process servers attached to the
grand jury The city officials named
are not required to appear personally.
The subpenas indicated the jury's
desire to see every bit of written mat
ter in connection with the Department.
Of Markets transactions. They called
for "any and all confidential personal,
records and memoranda to and from or
concerning whatsoever or whomsoever
they may be-" relating "to or concern
ing the Department Of Public Markets"
which may have been passed between
Commissioners Coler and Hirshfeld,
Mr.. Burr, Comptroller Craig and the
Mayor or any of their deputies,
agents or subordinates." All letters
which any of these individuals may
have from army and navy representa-
tives are called for particularly. Sur
veys of files such as called for by the
jurors probably would take several
DAYS, it was said at the Criminal Courts
Building.
Mr.. Almirall's Statement
Mr.. Amirall made known the jury's
stand regarding Mr.. Battle in this
statement issued last night:
"The grand jury considers that it
has as yet received no reply from it's
letter to Governor Smith asking for
the services of the Attorney General of
the State as it's adviser. The jury de
then. 1t has not changed its position
one whit"
Governor Smith had declared 1t was
not his move, and that before he would
take any step in the matter Of counsel
other than Mr.. Battle for the grand
jury that body would have to notify
him formally of dissatisfaction with
the lawyer, adding:
"If they (the jurors) read my letter
m In w {ph I
had asked Judge Swami to appoint
Mr.. Battle as Special Assistant District
Attorney they will find that l turned
them down fatly in their request for
the services Of the Attorney General"
This letter. dated November 25, ex
pressed the Governors unwillingness
to appoint the Attorney General to
supersede District Attorney Swami as
counsel to the jurors, because he
cihc nature of the pending inquiry, as
required by the executive law.
The Governor said last night:
"The grand jury has not written me
since | suggested Mr.. Battle. They
asked for Battle and l maneuvered to
give them Battle. Now, if they aren't
satisfied let them come to me and say
SO, l don't want it handed up to me
through the back alley.
~ am not going to permit them to
maneuver by process Of elimination
until they get the man they want.
There is not any opposition on my
part, but they've got to show me why
Battle is no good. And they've got to
be good reasons.
II don't know whether III suggest
to Mr.. Swami to appoint another as
sistant or not and, Of course, even if
l suggest, he doesn't have to accept
my suggestion"