New-York tribune., 1919-10-11
jury Probing 9
l.R.T. Would
Drop Swami
District Attorney Charges
That. Four Members Are
Disqualified Because of
Bias in Favor of COMPANY

The extraordinary grand jury which
Internationally for more than a month
District Attorneys investigation into
Mayor Hylan's charge of conspiracy in
the lnterborough strike unexpectedly
appeared before Justice Weeks in the
Supreme Court yesterday and asked
that District Attorney Swami and men,
bers Of his staff be relieved of
authority for further direction Of the
jurys activities in regard to the
transit situation.
The charge by Mayor Hyian which
District Attorney Swami hal presented
to the grand jury was that the sub
way strike last summer was due to
collusion between lnterborough officials
and members Of the brotherhood of en-
ployes for the purpose Of compelling
the city to agree to an increase in
fares.
The grand jury had been unsympa-
thetic toward the conspiracy charge
from the first, according to District At
torney Swami. who WAS in court when
the demand for his divorce from the
transit inquiry was made. The grand
jury, Mr.. Swami declared, had sought
to divert the issues involved. Some
of its members, he asserted, were not
qualified to sit in such an inquiry
because OF DldS 10 tnc 1dNOr' OF the
1nterborough.
Swami Charges Bias
Later, in a supplementary statement
to reporters, MIR. Swami declared that
three members of the grand jury held
bonds in the Interborough and that
fourth dealt in the company's bonds.
These four jurors, Mr.. Swami
charged, were not qualified to take
evidence against the Intcrborough, be-
cause "a vote by these gentlemen
against the company would be a vote
against their personal and financial
interests" He also charged that there
was not single representative of la
Dor on the jury.
Following the tilt in court, Mr.
Swami conferred with the grand Jurors
mission to Withdraw from their CON
slderation both the investigation into
charges that collusion existed between
the Int thorough and its employees to
force increased fares through the re-
cent subway strike and the inquiry
into the milk situation.
This permission the grand jury de-
clined to give. Thereupon, Mr.. Swami
announced that he would not Of his
own volition summon any witnesses
in either inquiry. He said however,
that he would call any one the grand
jury expressed desire to hear, but
stated flatly that the initiative in both
inquiries hereafter would rest with
the jury itself.
The grand jury filed into the Su-
preme Court room, Criminal Courts
Building, early in the afternoon, her
aided only by cursory announcement
to the court by the jury warden, in
terrupting the criminal anarchy trial
n hot Tn nL,
Swami and Alfred L. Talley, his chief
assistant, appeared few minutes later
Raymond f. Admiral, foreman of the
jury, handed a formal pronouncement
to the court, saying it represented
the unanimous desire Of the jurors. 1t
called on Justice Weeks, ain view Of
various postponements,' due "to con-
gestion in the Office of the District At
torney," to appoint George Gordon
Battle as special assistant district
attorney, with full powers to carry on
the transit inquiry.
In the event Of Battle declining, the
jurors asked that some other attorney,
mot connected with the staff Of the
District Attorney" be appointed by the
court for this purpose.
Jury's Pronouncement
The pronounccment follows:
"By the direction of the Extraordi-
nary Grand Jury | am privileged, as it's
foreman, to present very respectfully
to you in open court the following
subjects for your distinguished consd-
GRAFTON and action. to wit
Because Of the evidence adduccd
during the John Doc investigation by
the Extraordinary Grand Jury Of the
crime Of conspiracy charged against
the brotherhood Of the lntcrborough
Rapid Transit Company Employees and
the Interborough Knpid Transit Com
pany, by the Hon. John r., Hylan
Mayor Of New York, involving serious
attainder against labor and capital
Jointly, the Extraordinary Grand Jury
Continued on p0ge Gve