The sun., 1919-10-12
PETERBOROUGH CASE
NOT TO Be DROPPED
Grand Jury Will Go Right On
Despite Action of District
Attorney.
REPEATS HE is THROUGH
Also Asserts That He VIII
Drop the Milk Price In
yestigatiOn.

yestigatiOn.
No matter what District Attorney
swann's plans may be regarding the
further investigation Into his charges
that the recent strike Of the inter-
borough Rapid Transit trainmen was
the result of collusion between their
union and the officials of the company
TO further the cause Of increased fares,
the present Extraordinary Grand Jury
intends going into the matter when 1t
reconvenes Tuesday.
Raymond r. Admiral, foreman of the
Grand Jury, said so last night He In
sisted that Mr.. Swami was In error In
assuming that such were the business
Affiliations of any member of the Grand
Jury that the body could not look for
presentation of what evidence he has
Mr.. Almiral asserted that 1t was
wholly competent and unbiased body
clothed with powers to investigate ana
that II would investigate.
He denied that Mr. Swami said in open
court that three of the turymen were
marlborough bondholders. but added
that while there were two or three such
persons on the jury their holdings were
inconsiderable.
On the other hand, Mr.. Swami said
at his home that he was through"
with his Investigations into traction
matters and milk as well. He said that
whatever investigation the Extraordinary
Grand Jury made would be made by
the Grand Jury alone. He would ques-
ton witnesses. he said. but not call
them unless requested to by the jurymen
and named by the jurymen.
Gov. Smith said that he had not been
asked to take hand yet and that ne
did not know what his course would be
II asked.
Defends Einstein's Motion.
Mr.. Almiral was reminded that Her
bert g. Einstein, member of the Grand
Jury and stock broker with offices in
81 Broad street, had offered motion
calling for an investigation OF the tran
sit situation.
That may be So" he replied. There
were several doing so at my request.
Mr.. Einstein represents as unselhsh and
as high class citizenship as any mem
ber of the extraordinary Grand Jury
Both motions and the pronouncement
were formulated by me in an endeavor
to express the unanimous sense Of the
members of the Grand Jury. Obviously
It Is the object of the motion to cause
prompt determination Of the charge OF
conspiracy against the onion and the
company.
This Grand Jury does not desire to
throw any reflections upon the District
Attorneys Office. However, 1t does de-
sire to proceed as 1t sees fit and to de-
ternine fairly and without prejudice or
favor all matters .ha, come before II.
and It believes that for the reasons pre-
e sented in open court that Its duty can
best be accomplished in that manner.
Mr.. Swami did not in open court say
that three members of this Grand Jury
are Interborough bondholders. The news
paper so saying is In error.
swami Is Out of 1t.
AS far as the investigations of the
traction and milk situations are con-
cerned' said District Attorney Swami
last night, I'm through. Whether /
have or have not enough evidence of col
fusion between the Interborough Rapid
Transit Company and the subway en-
ployces' union remains to be seen. l
reiterate my former statement that /
shall submit nothing to this extraordi-
nary term of the Grand Jury. Whether
I shall submit anything to any succeed
ing Grand Jury / refuse to say.
eff this present Grand Jury wishes to
70 into the matter It has my consent,
and II 1t needs it, my assistance in so far
as questioning witnesses and adducing
testimony are concerned. Personally
am through. 1 shall initiate nothing. 1
shall not question the integrity of any
members OF the present extraordinary
term of the Grand Jury nor shall I seek
to embarrass any of them by questions
Mr.. Admiral was asked yesterday
what he meant by the phrase repre-
sentatives OF capital and labor" as used
In his presentment to Justice Weeks on
Friday
"Just this" he said. There Is nc
capitalist or labor leader among the
members OF the Grand Jury. The mem
bership represents more than dozen
occupations, all of which have a greater
or lesser tionship TO both capital and
labor and should therefore be repre-
sentative fairly of both and without
prejudice to either
Nj Almiral said that Justice Weeks
seemed disposed to confer with the Dis
trict Attorney in regard to the motion
20 have a special assistant district at
torney designated to conduct the inves'
tigation.
Action Was Unanimous.
'The motion was unanimous" said
Mr. Animal 1.-THE District Attorney
would not hear of it. Then Justice
Weeks withdrew his proffer. We were
told by Justice Weeks that the extraor-
binary Grand Jury could appeal to Gov
Smith concerning Mr.. Swann's refusal
to have a special prosecutor appointed
Mr.. Admiral was asked whether he
thought that District Attorney Swami
learned. while the Grand Jury was in
session. whether any member thereof
owned traction stock.
III It were So" he replied. at seemi
highly improper to reveal any procedure
of Grand Jury session. I am not priv,
LEGGED to state the names of the men &c
whom Mr.. Swami referred as being con.
nscted in business with Delaney Nicol
and J. Pierpont Morgan. It ia sufficient
20 say that in both cases Mr.. Swanr
was absolutely in error. and could hav,
made no Investigation OF his remarks be
fore uttering them"
who are the traction securities own,
ers referred to by Mr.. Swami" Mr.. AL
miral was asked.
II may not state that" he replied
However, the amounts OF such holdings
are immaterial and according to the pro.
cedure of grand turies Jurors who con
ncientiously feel that there may be rea.
son for prejudice do not vote. Further
please do not assume that any grand
juror Seeks to conceal his business inter.
ests. The business interests Of tn,
grand jurors cannot be new to the Dis
trict Attorney"