New-York tribune., 1919-12-16

Of any communication Of any kind
whatsoever from the jury, am in re-
ceipt of letter from Mr.. Battle in
which, among other things, he says:
"T should not be willing to accept
this very important public duty un-
less certain Of the cooperation of the
grand jury. Any grand jury investiga-
tion to be effective must be carried on
with complete unison of purpose be-
tween the grand jury and the prose-
cutor acting as legal adviser. AS !
beg to withdraw my acceptance Of the
designation
According to rumor and from what
gather from the public press, 1 must
feel that Mr.. Battle, notwiths standing
his conceded integrity and ability, was
not satisfactory to tho jury because
they believed close personal friend
ship existed between Mr.. Battle and
the District Attorney.
Cannot Name Attorney General
Gully realizing my responsibility to
the people of New York County in
this matter and feeling that l cannot,
with legal propriety, substitute the At
torney General for the District Attor-
ney, | am, however, willing that the
jury be aided in it's endeavors to bring
to light any conduct on the part Of
any public official which indicates that
crime has been committed.
"To that end, and having in mind
the statement of the District Attorney
that he would appoint and assign to
the jury any person suggested by me,
l have this day requested that he APP
point and assign to the extraordinary
grand jury Joseph NJ. Proskauer, Of
New York
"From personal knowledge of his
ability and experience and from the re-
pute in which | know him to be held
by the judges Of our courts, am GER
tain that he will conduct the investi-
cations with impartiality and advise
the jury with wisdom and fidelity.
Grand juries, as well as public Of
fcials, lose much of their power for
good when they have not full public
confidence. The public had a right to
assume when the man who was the
unanimous choice Of the jury was
named to assist them that they would
proceed Assuming their reason for
not desiring his service to be good it
surely cannot exist as against Mr..
Proskauer. A patient public fed from
day to day by rumors is anxious for
results, If the extraordinary grand jury
has the facts they will produce them.
nave uOue my paTL III Tue request 10
Judge Swami that he assign Mr.. Pros
kauer as their counsel.
~ read with regret that the jury In
tends TO take an extended recess. !
believe that they should get down to
work and make good Confidence in
public officials is essential to orderly
government and anything that tends to
shake that confidence should be cleared
up in the public mind at the earliest
possible moment.
Sends Letter TO Swami
an accordance with the ideas here
expressed, ! have this day forwarded
to District Attorney Swami the follow
ing letter:
"'Hon. Edward Swami,
"'District Attorney, New York
County.
"'My Dear Judge:
"'Several weeks ago at my request
you appointed George Gordon Battle
as Special Assistant District Attorney
and assigned him to the extraordinary
grand jury. While have no COM
munication from the grand jury since
that time Mr. Battle, by letter, informs
me that he has requested you to with
draw his assignment and appointement
on the ground that the jury feared
that his friendship for you might en-
barrass him in the conduct of the in
vestigation of your Office
"In order that no stone may be
left unturned to put the. whole pro-
ceeding squarely before the public and
following your public statement that