The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-04-05
DISMISSALS ASKED
IN FILM GRAFT CASE
Grand Jury Minutes Used to
Show Movie Exchange Was
Legitimate Business.
DOYLE'S LAWYER BITTER
Levy Seeks to Prove Evidence
Did Not Warrant the Fire
Officials Indictment.

Leon Wallace. indicted for his connec-
ton with the Columbus Film Exchange.
which the District Attorney charges was
! a medium for the collection OF graft from
motion picture theatres, asserted he had
important friends in all sorts OF high
places and declared they would split the
profits from the business" according to
| extracts from the Grand Jury minutes
read before Judge Rosalsky in General
| Sessions yesterday by Abraham Levy,
attorney for DR.. William F.. Doyle, the
| indicted head of the Fire Department.
Bureau of Fire Prevention. MIR. Levy
moved to dismiss the. indictment of his
client.
According to tie extracts read by Mr..
Levy Mr.. Wallace and his wife testified
| before the Grand jury that the profits
OF the exchange were to be divided into
siNths, one part to Wallace, one to DR..
Doyle. one TO Frank Mccoy OF Far
! Rockaway. political supporter of Mayor
Hylan and one part to Capt Frank Nc
Ginnis OF the Fire Department all OF
whom have been indicted, and the other
two sixths to go to Commissioner
Thomas G. brennan OF the Fire Depart
1t was even testified before the Grand
Jury that the friendship OF Alfred ].
Talley. Assistant District Attorney. at
present in charge Of these prosecutions,
could be counted on for the Aim venture.
Allusion to Mr.. Talley as a good white
washer before the Grand Jury was de-
scribed yesterday as one of the reasons
why the District Attorneys ONCE has
pressed the cases SO vigorously.
Neither Commissioner brennan nor
Chief Kenlon when seen in the latter's
Office yesterday would say more than
that they would not dignity the charges
with reply" District Attorney Edward
Swami said last night:
There isn't a scintllla OF evidence
against either Mr.. brennan or Chief
Kenlon. They are gentlemen OF the
highest personal integrity and both are
above reproach."
The same point Of view was taken by
others in the District Attorneys ONCE
and in fact by Mr.. Levy. who de-
clared he merely disclosed the fact
| that their names had been mentioned in
the same way as that OF Dr. Doyle to
sustain his contention that all the evil
dence Is fiimsy.
Calls Mrs. wallace Accomplish.
Mr.. Levy In an extended argument
declared that the Indictment OF DR..
Doyle for his connection with fhe ven
ture rested on the testimony of wallace
and his wife alone. He read from the
Grand Jury minutes TO show that Mrs
Wallace had received some Of the money
collected and then argued with Judge
Rosalsky that she was an accomplice
and that her testimony without eorrobo-
ration was worthless Judge Rosalsky
agreed with this, warning the District
Attorneys Office that If she were an ac-
complete the case would fall to the
ground II her testimony remained IN
corroboratsd. He rsseryed decision on
the motions to dismiss the indictments.
All concerned have ten days in which to
file briefs.
According to an extract OF the Grand
Jury minutes DR.. Doyle suggested that
Wallace 60 into the motion picture game
as a legitimate business venture He
| told Wallace, according to the latter
testimony. that his job as a manager in
an all night restaurant was mo Job for
white man."
After you get the motion picture
business going" Wallace said Doyle told
him, you attend to the details and we'll
do the rest"
II was intimated yesterday that the
case involves not so much the collecting
OF alleged graft as 1t does the entry of
public officials into private business and
the use OF their positions to forward
these interests.
Wallsces testimony before the Grand
,, Jury showed that not only did Or. Doyle
suggest the plan at first as a legitimate
| business enterprise but that the Office
| first rented for the new exchange con-
| tanned no fireproof vault for the storage
OF films. and consequently the lease had
| been given UP. Wallace also testified
before the Grand Jury that SIS had been
| paid to Capt McGinnis to reimburse him
for a like amount which he had ex-
pended in the purchase OF films for the
| exchange.
Movie Men Expected to Get Films.
All of the motion picture exhibitors
who subscribed to the exchange testified
that they expected to get films for their
money. Wallace testified Doyle told
| him that as soon as the motion picture
people knew that men high In the Fire
| Department were interested with him
they would all be glad to do business
| with him.
Mr.. Levy in his argument stated that
perusal OF the Grand Jury minutes
| showed not the slightest evidence that
DR.. Doyle ever had received a penny out
, of the enterprise. The only assertion
which connected him with the scheme,
! he said. was that OF Wallace and his
wife. The only mention of the names OF
tho other Fire Department officials also
was in the testimony of the Wallaces.
Mrs. Wallace testified before the
Grand Jury, Mr.. Levy said. that Wal
lace. Doyle and Mccoy estimated the
| profits at about $4,000 a year This
estimate was made at a luncheon In
Healeys, at which were present Mr.. and
Mrs. Wallace. Dr. Doyle and Mr.. and
Mrs. Mccoy. Mrs. Wallace testified
that DR.. Doyle said to her:
| "'You don't want to make any dis
play of this money. You don't want 10
buy an automobile or jewelry. Live on
your regular income in the way you have
| been living"
Moses II. Grossnian for Mccoy and
! Terence ]. McManus for McGinnis also
argued for the dismissal OF the indict.
nncnts against their clients.
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