New-York tribune., 1919-12-12
Battle Urges
Governor Drop
Him as Counsel
Requests Smith Revoke
II i S Appointment as
Official Pilot TO the
Almirall Grand Jury

In a letter to Governor Smith yester-
day George Gordon Battle asked to be
relieved as special legal adviser to the
extraordinary grand jury. His move
seemed last night to have clarified the
situation. Commenting on dispatches
from Albany announcing the with
drawal, Raymond F. Almirall, foreman
Of the jury, said:
The way seems clear now for grand
jury action. The grand jury now
stands where it did some time ago
when it asked Governor Smith to make
the Attorney General of the State its
legal adviser.
I'm any event the jury will require
the services Of a man not connected
with the District Attorneys staff, and
who is able and competent to carry on
it's work We feel that such a man
will be designated shortly.
Expects Utmost From Smith
q think the Governor appreciates
the delays which have taken place
in the jury's work and probably will
do his utmost to see that counsel is as
signed US without further delay
Persons in touch with the grand jury
situation here look to Governor Smith
for the next move. Pending definite
word from Albany as to what action
Governor Smith would take on Mr.
Battles letter, officials declined to
speculate
Mr.. Battle. whom the jurors opposed
because of his personal friendship for
District Attorney Swami. declined to
go into the matter He declared that
al statements would have to come from
the Governor. His letter tc the Gov
that he take charge Of the inquiry into
corruption in public office only on
condition he consent to be associated
with other counsel of the panels choice.
District Attorney Swami, who desig-
mated Mr. Battle at the Governors S
request had received no word from Mr..
Battle. Mr.. Swami said:
My position now is that | will ap-
point anybody the Governor suggests.
But will not move without sugges-
ton from him.
Reports that the grand jury had
ordered its stenographer not to fur
nlsh further minutes of the proceed
ings to District Attorney Swami, were
denied. 1t was explained that Fore
man Almirall had merely directed Fish
burg, the official stenographer, not
to transcribe his notes in the Castor
B. Means inquiry, since this inquiry
might affect member of Mr.. Swann's
staff and that the jury felt that these
minutes should not be given to the
District Attorney. The order referred
only to the Means matter, in connec-
tion with which Assistant District
Attorney Dooling's name has been
mentioned, it was said.
Swami Indignant
Fishburg is said to have replied that
he was working for Mr.. Swami, where
upon the foreman said that if there
was any question about the matter he
would take it up with Justice Barlow S.
Weeks.
District Attorney Swami expressed
indignation when he heard the report
he was to be denied all jury minutes.
The law is very specific on that
point" said he. "The District Attorney
is the legal custodian of all minutes
and exhibits of the grand jury. 1t is
perfectly ridiculous proposition. We
will see the minutes, and any person
who removes or attempts TO remove
them from the District Attorneys pos
session will be indicted, no matter who
he is. | shall not take any dictation
from Mr.. Almirall. Am l the District
Attorney"
Early in the day this statement was
issued by the grand jury:
There is no one in this city who is
more desirous of properly comp citing
their labor than the members Of this
grand jury, which is conducting its in
quiry at a great sacrifice of the time
of it's members.
ut does not, however, propose to be
bully-ragged, bulldozed or cajoled in
the pursuit of its inquiries, either by
newspaper reports or editorials or by
the expressions of opinions which have
come to it-that the people are grow
ing tired of the grand jury's delay in
getting results.
Furthermore, the grand jury has
been practically unanimous on every