New-York tribune., 1919-12-16
Gets Magistrate McAdoo' $
Consent TO Have Charges
Against Public Officials
Heard in Court on Oath
Insists Panel Is Through
Smith Names ]. NJ. Pros
kauer to Succeed Battle
and Asks Early Results

Following District Attorney Swann's
action IN serving notice yesterday on
the extraordinary grand jury that his
ONCE had no further business to place
before it. Chief City Magistrate Nc
Adoo concurred in the District Attor-
neys proposal that the charges Of mis-
conduct by public officials, voiced by
Foreman Almirall, be aired in hearings
before McAdoo or some other magis-
trate.
Coincident with this Governor Smith
designated Joseph NJ Proskauer to
succeed George Gordon Battle as spe-
clal adviser to the extraordinary grand
jury in its contemplated inquiry into
the District Attorneys office. The
Governor persisted in his refusal Of
Mr.. Almiral's request that the Attor-
ney General be named to conduct the
inquiry and urged the grand jury to
get down to work and make good"
threading on Corns," He Replies
After conference with Justice Bar
tow >. Weeks. Foreman Almirall, COM
= lOLlncAt1On
that there were no further matters for
the grand jury to consider, said:
I'VE must be treading on somebody's
corns. The District Attorney now
wants US decapitated."
Mr.. Swami would not say that his
notice to the body was aimed to bring
about its dissolution, but his COM
inunlcation. was generally construed as
having that end in view. He said in it
fnd b.
the jury might "take such course as
the law requires"
Chief Magistrate McAdoo suggested
that the Attorney General be invited
to attend the public hearings that are
planned to determine the validity of
the charges Of misconduct in office
y shall call on city magistrate
preferably Justice McAdoo, although
any magistrate he designates will do
to sit, say, at 2 o'clock every afternoon
for period of days, to receive COM
ficials against whom anybody has any
charges" said Mr.. Swami.
The complninants will have the
privilege of appearing with witnesses
ana counsel, so any persons with
charges please draw near and they will
be given attention"
"The invitation is very broad" Mr.
Swami retorted when he was asked
whether charges by Foreman Almirall
would be eligible for the magistrates
hearings. He went on:
latitude, but complaints must be spe-
cltic and under oath. These hearings
will be Independent Of any action the
grand jury may take. They will make
manifest whether there are any Just
charges against public officials The
public mind has been inflammed by in
uendo, and there has been much full
mination, but little light"
Expects No Complaints
II don't expect any complaints, be-
cause there are none" Mr. Swami ad-
mitted. Then, in the presence of news
paper men, he called up Chief Magis-
trate McAdoo and outlined his plan
Following this conversation Mr.. Swami
said:
"Magistrate McAdoo promises he will
suggests that it would be happy idea
to have the Attorney General invited
to attend the hearings"
Il have no suggestion rs to whether
the extraordinary jury continues or is
dismissed. That is matter for Mr..
Almirall and Justice Weeks. I merely
served notice that this Office had no
moro business for the extraordinary
Jury. l will make no move for the
discharge OF the panel"
II am through with the milk inquiry,
take up a milk inquiry again depends
upon future developments. l have no
further facts to present. When an In
vestigation is abruptly cut off, the Dis
trict Attorney cannot pick it up again
after two months"
Swami to Almirall
Mr.. Swsnn's letter to Foreman AL
mirall, addressed to the latters busi-
ness Office, II East Forty sixth Street
follows:
II am in receipt of your letter of
December II, 1919, and in reply thereto
l beg to certify to you in writing that,
other than the anarchy case pending
before you (Which Mr.. Rorke seems to
think is not strong enough to justify
US in expecting a conviction if an in
dictment is found), there are not
enough anarchy cases, even in anticpa-
ton, to occupy the time Of grand
jury. There are no more anarchy cases
ready to present, because we are not
IN possession Of sufficient evidence. If
we secure the legal evidence in any
other cases in the future the cases will
be sporadic, and we can present those
to one Of the regular grand juries that
always sit in this county.
II am obliged to certify to you that
there is no further public business in
the District Attorneys office awaiting
the action Of the extraordinary grand
jury. certify these facts to you in
my official capacity in order that you
may take such course as the law re-
quires of you.
Cites Limitations
''In regard to your expressed desire
to investigate the public offices Of this
county, I have TO call your attention
to the case Of People aet. Tatum, so
Miscl. Rep, at the bottom Of page 31b,
whore Judge Garretson Of the Supreme
Contf,ausd m S,nnA eir