New-York tribune., 1919-11-29
Wants Almirall to Lay Evil
dence Before Judge Sit
ting as Magistrate or Will
Reveal Secrecy Motive
Panel Fears Battle Biased
Did Not Want Him as Coun-
sci in Present Probe, But
Gave Smith Impression

District Attorney Swami, whose of
fee is under investigation by the
extraordinary grand jury, yesterday
challenged Raymond F. Almirall, fore
man of the jury, to present his charges
sir full view of the public" He pro-
posed that Mr.. Almirall name any
judge of the Court of General Ses-
sions or any justice Of the Supreme
Court to sit as a magistrate and hear
"any and all charges that Mr.. Alm-
rail- or any one else may wish to pre-
sent against any public official"
Mayor Hylan's administration also is
under the jury's probe.
The District Attorneys challenge
and Mr.. Almirall's statement that
George Gordon Battle, assigned by the
District Attorney at Governor Smiths
request as special counsel to the grand
himself" as a possibility for that post
by his "My Dear Edward" letter to
Mr.. Swami, were the principal devel-
opments in the grand jury contro-
versy.
Mr. Swami declared that his sup-
gested public hearing could be con
Quoted either in place of or supple
mentary to the grand jury's Inquiries
He said he did not want the Almirall
panel to relinquish any of its rights
but that his proposed judicial hearing
could be held with Mr.. Almirall appear
ing as a complainant, turning over
Whatever evidence against officials he
may have to the court
Doesn't Violate Secrecy, Says Swami
He said the presentation to any mag
Istrate IN proceeding such as he
proposed of any evidence in the pos
session of the grand jury foreman could
not be construed as a violation of the
secrecy of the grand jury.
Samuel Greenbaum of the Supreme
Court-a man of independent politics
and known fairness and integrity
would be a good man to conduct the
hearing.
"Mr. Almirall has seen fit not to
trust even the Governor with q state
ment of the nature of the 'overshadow-
ing crime nor with the names of the
individuals against whom he makes this
nebulous charge.
"Can he not trust any Judge of the
Court of General Sessions or any JUS
tlce OF the Supreme Court in this
county with the inspection of this paper
bullet of his brain with which ne has
Ind1scrimlnately assaulted the char
acter Of public officials of this county?
The public is entitled to know why
public officials who have been perform
ing their duties without regard to the
powerful influence of wrongdoers have
been so grossly accused, and not fact
given upon which to base the charge.
Swami Hints of Exposure
81 call upon Mr.. Almirall, who ad-
mits that he seeks the expressions of
public opinion in the newspapers to
state any fact upon which he has
based his charge Of 'overshadowing
crime against public officials. If Mr.
Almirall declines to accept the offer of
an open forum, where all the evidence
may be subjected to the searching
light of day and not obscured by the
darkness Of a star chamber, | shall
feel myself obliged to inform the pub
lie why he has not stated the facts
upon which he bases his charge of So
called 'overshadowng crime"
Relative to the controversy as to
whether the grand jury actually asked
Governor Smith for the appointment
OF Mr.. Battle. Mr.. Almrall gave out
the text of his letter to the Governor
on October Is last.
This letter showed that Mr. Battles
name had been used in quotations
from the jury's message to Justice
Weeks several days before.
AT the meeting with the Governor
on October 17,' read statement by
Mr.. Almirall, "other names than tha
of Mr.. Battle were discussed, but his
name was unmentioned. His published
letter to the District Attorney the day
following the grand jury's pronounce
ment. was thought to have eliminated
him from consideration by the granC
jury, which accounts for my entir,
forgetfulness of the fact that th'
October 10 letter in quoting the pro
nouncemcnt mentioned the name o
Mr. Battle"
The letter referred to is Mr.. Bat
ties "My Dear Edward" letter to Mr.
Swami, assuring the District Attorney
of his personal esteem and declaring
1T "would have been impossible for m,
10 accept any such appoin tmcnt AS wa.
suggested"
'However. at that time" the Al
mirall statement went on, "the inves
tigation of the entire and complete
transit situation was alone being con
sidered
During the interval between Octo
Der 2l, and the date of the present
ment November 90. circumstances hat
caused the grand jury to initiate an in
vestgation of the municipal and Dis
trict Attorneys offices, an entirel,
different situation than that cxstin.
when the letters of October Is ant
II were written to the Governor. ans
this view of the grand Jury is OK
pressed in it's letter of November 20
to the Governor requesting that tn
Attorney General be designated.
ut is unquestionably the desire o
the Governor as we'll as the Gram
Jury that the Investigations initiate
shil be strictly nonpartisan and abso
iutely free of political bias or preju
dice. If such nvestigations lack i
these essentials they will fail to in
spire public confidence or to attai
their purpose.
~ am personally unacquinted wit
Mr. Battle and am therefore necessaril
foiiow'ng the expressions of publ
opinion in the newspapers with int,
eat, as is probably each Grand Juror
Woman Killed hv TrucL