New-York tribune., 1919-02-15
Grand Jury Hears
Five Witnesses on
Rotl1stein Affair
Inspector Henry Waits for
Call That Doesn't Come;
Says Inquiry Was Asked;
Swann's Assistant Denies

Five witnesses, including Captain
Charles II. Mckinney, Of the West 6Sth
Street precinct, testified yesterday at
the first days session of the grand jury
investigation into the arrest and ac-
quttal of Arnold Rothstein, a gambler
charged with feloniously shooting two
detectives during a raid on his place,
301 West Fifty seventh Street, on Jan
uary 10. The wounded policemen were
attached to Inspector Domnick Henry's
staff. Inspector Henry, in civilian
clothes and bearing a subpoena, waited
three hours outside the grand jury
room, but was not called.
The witnesses heard included Patrol
men John Mclaughlin and John J.
Walsh, who were shot by a revolver
protruding through the opening of a
chained door as they attempted to
crash into Rothstein's place. Accord
ing to District Attorney Swanns in
formation, Rothschild's place. Accord
wounded policemen int. taXicab and
rushed them to Roosevelt Hospital
Then he went with them to the station
house. Although there were a score of
other men inside the place the charge
against Rothstein was dismissed by
Magistrate McQuade in the West Side
court for lack of evidence.
Smith Has the Revolver
"The revolver and three exploded
shells are in our possession now,"
sald Assistant District Attorney James
Il. Smith last night. eve have also
found the man from whom they were
purchased. We expect to know in
short time who owned the revolver at
the time of the raid.
we are now interested in knowing
why the police made no effort to es-
tabllsh the ownership of the revolver.
and why Rothstein was questioned
about permit to carry a revolver when
arrested, and why he later denied own
ing the one found in the house.
Also we are interested in knowing
why Rothstein, out of twenty men in
the room, was finally arrested charged
with beng the owner of the weapon
and the man who did the shooting, un-
less there was some vestige of evi-
dcnce that he was the man. Why was
not TINS evidence produced at his
trial? Again, we would like to know
why Rothsteln went TO the hospital
with Walsh, who was the more seri-
ously hurt Of the two.
We understand that the raid was
made by Inspector Henry on informa-
ton that gambling was going on in
the house. Why was no evidence pro-
duc~~ by Inspector Icnry's men to
sustain the charge before Magistrate
McQuade? The record showed that
kothstcin, after the shooting, promised
the police to produce the man who did
the shooting at the proper time
Our information is that Rothstein
had a large sum of money with him
at the time. He furnished twcntv-onc
bail bonds. including his own, at 81 900
apiece, and we are reliably informed
that he had about $4,000 more. Why
were the police so considerate Of Roth
stein in their efforts to fix the respon-
slbllity for the shooting on him in the
magistrates court? And when is the
proper time to produce a man charged
with felony These are few of the
questions to which the grand jury will
seek answers"
While waiting to be called as wit
ness, Inspector Henry was asked
whether he anticipated that the invcs-
tigation would go beyond the question
Of the shooting
81 don't see why it should We have
asked for this Investigation, YOU
know" he replied.
Not '<rue, Says Smith.
That's untrue cmphaticaly re-
piled Mr.. Smith, when told of the re-
mark. "No one in this Office ever heard
that Henry had asked for this investi-
cation. 1t was District Attorney
Swans own plan
Mr.. Smith was told that gossip had
it that the investigation was inspired
by him because Inspector Henry dur
ing series of raids conducted by Mr.
Smith in Hcnry's district had charac-
terized Mr.. Smith as "boob"
"Absolutely false! Inspector Henry
referred to me only as Curly Locks.
refuse to get mad over little thing
like that" replied the assistant prose
cutor.
~ think Inspector Henry may be
mi mstaken when he says only one phase
Of the Rothstein affair will be inquire d
into" Mr.. Smith continued. "Unlcss
we are mistaken, the inquiry will
broaden rapidly into several other OK
tremely interesting situations"
The inquiry will be resumed Tues
day morning.