New-York tribune., 1919-10-25
Grand Jury Foreman Init
mates Court Will Get Doc.
ument; Boomerang to
Plot Charge Is Expected
Startling Turn Expected
Presentment by Panel Prom.
ised, hut No Conspiracy
Indictments Are Due

lntlmation that a presentment would
be handed up shortly by the extraor-
binary grand jury investigating the
Interborough strike conspiracy charges
was contained in a statement issued
last night by Raymond F. Almirall,
foreman of the grand jury, following
publication of Governor Smiths deci-
sion not to replace District Attorney
Swami in the case, despite the request
by the jury.
Mr. Almirall made no detailed reply
to accusations of District Attorney
Swami that members of the jury were
affiliations with the Intcrborough
Rapid Transit Company to serve in the
case.
Mr.. Almiralps statement reads;
"The foreman states that he has
no remarks to make on the published
copies of the Governors letter, the
original of which he has not re-
ceived, and that the attitude of the
grand jury will become more fully
understood when it shall see fit to
make q presentm
Startling Turn Expected
The action already taken by the grand
jury indicates that the prescntment
will not be in the nature of an indict-
ment of Interborough officials for con-
spiracy, the charge made by Mayor
Hylan and District Attorney Swami.
With the later appearance Of Inter
borough officials. Mayor Hylan and Vic
tor Watson, city editor of The New
York American" before the grand jury
taken into consideration, speculation
startling turn in the investiga ton.
Herbert Einstein, Of H. G.. Einstein
& Co, brokers, of 25 Broad Street, q
juryman, who WAS characterized by
Mr. Swami as "a Wall Street stock
broker specializing in the purchase and
sale of the securities Of the Inter
borough" was asked yesterday to re-
veal the "crme which completely over
shadowed that charged by the Mayor
which Mr.. Almirall stated was involved
in the proceedings.
"I am member Of the grand jury
and ! am not privileged to talk at ALL"
he replied.
Asked TO deny that he was bond
holder of tie Interborough Rapid
Transit Company, Mr.. Einstein said:
81 can only say wish ! had the
bonds l am given credit for"
Governor Smiths Letter
Governor Smiths letter denying the
request for supplanting District Attor-
ney Swami was given out at A bany be-
fore it was received here by Mr..
Almirall.
81 have no power TO appoint an as
sistant District Attorney or TO desig-
Late an adviser to your grand jury.
"The only power that have is that
given me by Section G2 of the ex-
ecutive law to resuire the Attorney
General to attend in person or by one
of his deputies any term of the Su-
preme Court or appear before the
grand jury thereof for the purpose of
managing and conducting in such
court or before such jury such GRIM
nal actions or proceedings as shall be
specified in such requirements This
provision gives me no power to say
whether the Attorney General shall
he chooses to send a deputy. shall be
designated to perform the duties re-
quired by virtue of the exercise of
this power.
Should I exercise the power given
me by this law, the effect. of course,
would be to supersedc the District
Attorney. This power has Sc dom been
exercised by the Governor and usually
only in extreme cases. In my judg-
ment it should be exerci sed with ex-
treme caution and only when the Gov
>
the interests of the public demand
such exercise and when the Governor
is satisfied beyond question that the
District Attorney is either disqualified
or is wilfully neglecting to perform his
duty or is guilty of corrupt or illegal
conduct.
The Overshadowing Crime
Holding these views, l deemed ii
my duty to, and did, submit to Judge
Swami, the District Attorney of New
York County, the letter containing your
request and your accusations against
him and his office, with the request to
him to answer the same.
III am inclosing you herewith n copy
of his letter to NE. The letter, in a
great measure, speaks for itself but
wish particularly to call your attention
to the latter part of the letter wherein
Judge Swami states that he is unable
to determine what is meant in your
communication by the words that q
crime which completely overshadowt