The sun., 1919-09-13
HARVEY FREE, SAYS
HE is PROSECUTED
Pershing Reception Promoter
Demands to Know Why
He Was Arrested.

David NJ. Harvey, the man whose ar
years old caused the reception by the
George Washington Memorial Associa-
ton to Gen. Pershing to be cancelled,
was acquitted yesterday. Harveys
counsel now are starting an investiga-
ton to ascertain who 1t was that caused
the arrest and why the promoter-why
any citizen of New York-should be held
in Jail without bond and without a
hearing of any sort for four days The
District Attorneys office, say Harveys
lawyers, pass the buck to the police
and the police refuse to give satisfac-
tory explanation of why he was arrested.
According to Isador WasserVogel
representing Harvey, ut was a high
handed and outrageous piece of bust
ness on the part of some one. We want
to find who is responsible. We want to
show up the methods by which citizens
can be arrested and deprived of their
liberty without due process of law"
Arthur N. Sager. Harvey's other law
yer, said yesterday he felt confident he
knew who inspired the arrest and that
the particular person was actuated by
spite.
A rumor which has been current since
the cancellation OF the Pershing recep-
ton and which In effect n that the ar
rest was put over through the good
Offices of persons inimical to the recep-
ton itself rather than to Harvey was
disputed last night by Mrs. Henry f.
Dimock, sister of the late william c.
Whitney and president Of the association
which was to have given the affair in
Carnegie Hall. Mrs. Dimock at the
Colony Club pointed out that persons
mentioned as being Jealous of the
George Washington Memorial Associa-
ton were in fact among its staunchest
supporters. "It was a great pity" said
Mrs. Dimock, that our plans should
have been spoiled all because of one
man whom we employed. AS It is, the
association will go ahead with the great
work for which II exists. We are shortly
TO launch a campaign In all the States
to collect money for the building in
Washington. Committees will be APP
pointed in each of the States"
Meantime the District Attorneys office
wtl continue its investigation Of Harvey,
especially of his present activities, ac-
cordlng to Alfred ]. Talley, chief as
sistant to Mr.. Swami. Mr.. Talley ex-
| planned that Harvey's commitment with
out bail had not been without due pro-
cess of law, as stated by Wasservogel.
The man, he said, was not entitled to a
! hearing. He had had the hearing and
was awaiting sentence-which in this
case was postponed several years. The
only way he could have been released
before being acquitted yesterday by
Judge Rosalsky. during the four days OF
his confinement would have been on
habeas corpus proceedings.
| Harvey was discharged In the Court
OF General Sessions on motion of his
counsel, who argued that by the statute
oP limitations the court had no turisdic-
ton of their client He was arrested
on warrant charging him with vio-
( lating his parole, on which he had been
! released in 1909 following his conviction
! Of grand larceny in the second degree
/ The maximum sentence which could
have been given to him was five years.
| This, according to law, was the period
of his parole.
In 1912, on complaint by the man
agement OF the st. Hubert Hotel that
Harvey had failed to pay a board bill
| OF S675, a warrant was issued for his
arrest charging violation of his parole.
The arrest, according 20 his counsel.
never was made until Monday night,
Just why the police in their vigilance
waited seven years and then, sprung
the trap on the eve OF the Carnegie Hall
reception is part OF the mystery the at
torneys say they are trying to solve.
Harvey on leaving the Criminal Courts
Building yesterday declared. II intend
to leave nothing undone TO ind out who
was at the bottom OF this prosecution"
/, Rupert Hughes, the author, who pre-
sented Harvey to Mrs. Dlmock. In let
ter to the court yesterday said he knew
the promoter we'll and that everything
: he knew about him was to Harvey's
/ credit