New-York tribune., 1919-12-12
Battle Urges
Governor Drop
Him as Counsel
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lieved as Special District Attorney Of
the extraordinary grand jury of New
York is not likely to be acted upon
by Governor Smith for the next two
or three days. The Governor said to-
night that he had taken Mr.. Battla's
letter under consideration, but would
give no indication as to his intention
Mr.. Battle in his letter to the Gov
ernor said that Foreman Almirall had
informed him the jurors felt that his
friendship with District Attorney
Swami might be embarrassing. He ex-
pressed surprise at this, saying that on
october 10 the jury in presentment
had asked for his appointment Gov
ernor Smith on November 25 asked Dis
trlct Attorney Swami to designate Mr..
Battle as Special District Attorney to
assist the grand jury In his letter
to the Governor Mr. Battle told how
on December he conferred with Fore
man Almirall and the committee of the
grand jury at the Harvard Club.
ney did me the honor to assure
ne that they had the highest conf
dence in me-" he wrote. "But thew
feared that my friendship with Dis
trlct Attorney Swami and my associa-
ton with him might embarrass me in
the conduct of the investigation of his
offlce which the grand jury proposed
to make.
They also Informed me that the
work would be very extensive, and
that an associate or assistant would
Qe needed. ! told them that l was
much surprised at their attitude; that
| had thought that Governor Smiths
request for my designation was made
at the suggestion of the grand Jury.
| further stated that my relations with
Judge Swami would not in any way
embarrass me. and that any investiga-
ton of his office that | undertook
would be thorough and impartial
finally told him that I would consider
the situation and would confer further
with you and with Mr. Justice Weeks.
"As you know. thought at first that
1t might be advisable that you should
request the designation of an associate
or assistant to act as Special Distric'r
Attorney with re, and so informed YOU.
But upon reflection, and in view of all
the circumstances. | have reached the
conclusion that it would best serve the
public interest for me to withdraw my
acceptance of the designation which
District Attorney Swami has made at
your request.
StOulu lct UN Wll!luS 10 accept
this very important public duty unless
certain of the cooperation Of the grand
Jury. Any grand jury investigation to
be effective must be carried on with g
complete unison Of sympathy and pur-
pose between the grand jury and the
prosecutor acting as its legal adviser.
GAS I cannot be assured of this CO.
operation, I beg to hereby withdraw
my acceptance of the designation and
to ask that you convey to District At
torney Swami my request to be relieved
of the Office to which he has done me
the honor to designate me. This will
leave the field clear to you to take such
action as you think best in the prem
ises.
Permit me to express my apprecia-
ton of the confidence which YOU have
shown in me in suggesting my appoint
ment in this matter. You told me that
you desired that the investigation
should be searching and thorough, but
ct the same time just and fair. | was
prepared to conduct the inquiry along
these lines. but for the reasons / have
indicated I have thought it best that I
shOuld withdrawH -