The sun., 1919-04-24

The present phase OF TINS matter be
fore the courts is to TEST the strict
legality OF the proceedings of a partisan
District Attorney and to determine
whether as a matter OF law and ire
spective of the facts, the charges made
by him constitute any offense against
the statutes. In all this am Of course
in the hands of my counsel and must be
guided by their judgment.
After the election in November, 1917,
and during the winter of 1918 the Dis
trict Attorneys office gave out mslead-
ing and distorted statements of the ter
rible disclosures the Grand Jury was
going TO uncover in its exhaustive eN-
animation OF the fusion records.
Now, what are the facts The Grand
Jury found that the records OF the COM
mlttee were kept with the mos. unusual
care and exactness that no money had
been received improperly or expended
improperly that total OF sf,oso.0
was expended in strenuous erort to
continue the best administration New
York ever had--the failure OF which
efforts many OF its opponents now sadly
regret.
Upon the advice OF the District At
torney, thu Grand Jury brought in three
indictments based upon a single doubtful
technical point, viz; that in making the
final report OF expenditures. two items,
one for $1,000. paid to Mr.. Sulzer and
ono for $500 paid 20 Mr.. Appelbaum,
were reported as paid out for speakers
and meetings without mentioning their
names AS Chairman OF the Executive
Committee, 1t was claimed that / was
generally responsible for the actions
Of subordinates and I was indicted for
this technical offcnse.
IT am quite alive TO the Importance
Of protecting elections with all proper
safeguards, but it must be borne in mind
that in respect to this so-called failure
TO comply with the strict terms of this
st atute, l not only did not do it but did
not even know it was done until this
report was willingly shown to the Dis
trict Attorney and his conscience was
so badly shocAed that he published e.
No knowledge OF Report.
Note these facts: was not an ON
Ger OF the committee fling this report
| was not even a member of this COM
lhittee. not only did not sign this
report but l have never even seen IT,
Neither Sulzer. Appebaum nor New
combe had any knowledge OF its form
and l never had any conversation with
them about It. There was no motive
in concealing the names of Seller and
ADpelDauiu lot tNeHNy
election was over. I gave only one in
struction about the report and that was
that 1t should receive the approval OF
our counsel before filing. That was
done and our counsel still contends
that the report was filed properly.
THE Democratic reports. which were
at the same time in the close possession
of the District Attorney, are full not only
of gross technical errors but show clear
ly Illegal contributions by corporations
and upon the same reasoning that has
been applied against mo, by individuals
concealed under the name John Doe.
but the Democratic District Attorney
has failed to cAl any one to account.
The signihcancsS' OF that circumstance
and the attitude he has assumed in my
case is so apparent as TO require no
explanation.
81 mean to fight this thing out to it's
conclusion, not only in my own interest
which of course / am bound to do, but
in the interests of public-spirited men
of affairs whom it Is sought To drive
out from participation I'm matters OF
municipal government. am susta ned
by the consciousness that l have done
no wrong, by the assurance that those
who know me know ] would not whiting
w violate any law and who, with myself,
do noN believe that in this matter
have violated any law, and with the
hope that those who do not know me
VIII appreciate the real purpose OF the
vicious attacks made upon me In certain
'ewe''a'A.'"s "