New-York tribune., 1919-11-28
Smith Says Appointment
Was Requested i'll Letter
From Head of Grand
Jury, Who Denies 1t
Foreman Cautious of Mail
Wants Letters to Jury Adj
dressed to His Office; Bat
tie Promises 10 Do Duty

The question of whether tho cx-
traordinary grand jury, asked Cover
nor Smith to assign George Gordon
Battle as its special counsel will not
be settled definitely until to-day.
Governor Smith, at whose request
District Attorney Swami designated
Mr. Battle special Assistant District
Attorney to the grand jury in its in
vestigation of corruption in public Of
fee, and Raymond f. Almirall, fore
man Of the jury, several members of
which arc not pleased with Mr. Bat
ties appointment, differed on the
question of how Mr.. Battle came to be
assigned as grand jury pilot. The
official files were unavailable ycstcr-
day.
Governor Smith said yesterday he
was positive Mr. Almirall asked fo1
the Battle appointment in letter
dated October 10. He added that this
was the only reason he had appointed
MI. Battle, whom certain jurors are
reported to oppose because Of his per
sonal friendship for District ATTORNEY
Swami and his Tammany affiliations
The grand jury is investigating Dis
trict Attorney Swanns office and city
departments under Mayor Hylan.
Requested for Transit Probe
Foreman Almirall, who was reached
by telephone out of the city, said that
to the best Of his recollection neither
lpttnr tn bn
orally had he asked for the appoint
mcnt Of Mr.. Battle.
Mr.. Almirall said he would refer tc
his files this morning and clear up the
point. He thought the only time Mr.
Battles name was mentioned in con-
nection with the grand jury contro-
versy was in the jury's prcsentmcnt to
Justice Weeks, in the Supreme Court
on October 10. He said he believed
the Governor had confused the text o.
the prcsentment with the grand iury's
requests.
The only place Mr. Battles name
appears in the published grand jury
correspondence was in this document
read to Justice Weeks when the CRANE
Jury was investigating only the Inter
borough strike conspiracy charges ant
related matters. At that time tn,
SiHhN JuIN uShcU lOI lut appointment
of Mr. Battle as a special assistant
or, che declining, such other like Of
tccr. not connected with the staff o
the District Attorney"
Smith Cites Letter
The Governor based his assertion
that the grand jury asked for Mr.
Battles appointment on the letter The
jury sent him on October IS.
'rbo anil I,t
made public, but it quoted from tn,
presentment and asked that the Gov
crnor meet a committee Of the juror
relative to the controversy.
The formal request for outsid'
counsel. made to the Governor on Oc
tobcr 23, did not mention Mr. Battle
name.
Concerning opposition to Mr.. Bat
ties appointment, one juror said yes
tcrday:
"The Governor should have beer
very careful in appointing man t.
assist us. MI. Battle is unqucstion
ably an honest, honorable and fcarlcs
man, but there is danger that his ap
pointment may be misconstrucd b.
some, especially since the grand jur,
is. among other things, investigatin,
criminal anarchy and the utteranccs o
Battle Promises Thorough Inquiry
The juror cited Mr.. Battles appear
ance several weeks ago as counsel 70
Ludwig A. Martens, Russian Sovic
representative in this country. Gov
ernor Smith has said Mr.. Battle woul,
concern himself only with the corrup
tion in public Office inquiries of tn
grand jury, and that Alexander |
Rorkc, Assistant District Attorncy
would continue to present evidence
against Reds"
Mr.. Battle declared at Atlantic Cit,
last night that the appointment wa
one he had neither desired nor sough
and that he took it "solcly as a matte
of public duty" He added:
"Thc inquiry, if have charge of it
viii be as thorough and searching a
my abilities permit. shall prosecute
it to the full limit and exert every ef
fort to bring it to a conclusion. | an
an old friend of Mr. Swami and
Democrat, but nothing can in any wa,
interfere with the strict prosecution o
my official duty"
Mr. Battle said he would report t.
the grand jury Tuesday next
Mr.. Almirall requested ycstcrda
that all letters or communications t
the grand jury be sent to his office, /,
West Forty-sixt Street, instead Of t
the Criminal Courts Building He di
not explain this request The jur,