The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-11
Resent Charge Of Bias Be-
cause Three Members
Own Bonds.
PROSECUTOR THROUGH
Rails at Investigation of
y Traction Interests by
Its Friends"
JURORS WILL KEEP ON
Request Justice Weeks to Ap-
point Battle to Carry
Out Work.
JURORS WILL KEEP ON

traordinary term of the criminal branch
of the Supreme Court sent yesterday
a communication to Justice Barlow s.
Weeks requesting in effect that Dis
trict Attorney Edward Swami be SUI
perseded by some special assistant in
the investigation the Grand Jury is
conducting Of the charges brought by
Mayor Hylan OF collusion between Off
cials Of the Interborough Rapid Tran
sit Company and the brotherhood of
employees Of that company in the re-
cent strike. A short time later the
same Grand Jury, by unanimous ac-
ton, declined to accede to the Dis
trict Attorneys request that it aban-
DON further investigation Of the mat
ter. rt-
District Attorney Swami character
lied the proceeding as "a most ex-
traordinary action by an extraordinary
grand jury" and announced that all
further initiative in the investigation
would devolve upon the Jurors and
that he would not, Of his own yoli-
ton. summon any witnesses to assist
in the investigation. .-"
L will subpoena any persons the Grand
Jury wishes. to question" Mr.. Swami
said, but every initiative in this matter
must come from the Grand Jury"
The communication sent by the Grand
Jury 10 Justice Weeks is one of the most
remarkable on record in New York
court FOR the subject matter contained
ana Tor the manner OF Its presentation.
Reference is made to insinua tions axainst
the integrity Of a Federal Judge made
, IN public discussions of the traction sit
ua'ion' ana the conclusion is set forth
that the jurors regard the agitation
against the present controlling traction
interests as inimkcal to the public wei
rare. Any such agitation carried on
Tor political or other social or selfish
reasons or ambitions becomes of crip,i-
mai significance" the Grand Jury saws
In closing.
Decision by the Grand Jury yesterdav
10 DEFY District Attorney Swami and IN
continue It's Investigations independently
loiowed an implication by the District
Astorney that certain members of the
jury were disqualified TO act because Of
,heir alleged interest by reason of being
holders of Interborough bonds.
Foreman of Jury Speak,.
raymond F. Almral, an architect OF
IL East Forty-sixth street. who is fore
man OF the jury, made this statemen.
"heh an adjournment had been taken
for the day:
We take the position that II is r.I,
wlthin our province to 20 into eyor,.
phase OF the investigation including the
economic .i phases, The jury whole posi-
tlon Is covered in the court record :"
Inc particular Grand Jury that acted
yesterday was the same that was sn.
ciaIiy selected by the District Attorney
10 investigate charges of criminal an.
archy growing out of the Investigation
Oh the Lusk Legislative committee. II
was convened in August and subse-
quently Mr.. Swami obtained permissIon
from the court to submit for its con-
Siuera'loi the charges made by Mayor
Hylan that collusion existed between tho
lhterporough officials and the brother
mood OF employees, and also of criminal
conspiracy between the producers and
olstrlputors OF milk to keep the market
price to the consumer at high scale
Mr.. Swami made this statement late
yesterday afternoon:
i have asked the Grand Jury for
permission to withdraw from its con-
sideration all questions of consplracv ne
tween the lnteroorough officials and the
brotherhood OF employees and also of
the charges of collusLon between the dis
trlbutors and producers OF milk and to
leave for their consideration only oues-
tons concerning the anarchy charges
The Grand Jury declined to discontinue
It's inquiry and the District Attorney in
formed them that he would not of his
own volition summon any witnesses in the
further investigation and that the initia-
tive In the future must be with them,
The District Attorney and his staff, how
ever will lend all the assistance possible
and will subpoena any witness or wit
nesses the Grand Jurors want to uues
tion. Their wishes m all matters will
be respected"
Says Jurymen Hold Bonds.
Altogether it was somewhat hectic
day In the neighborhood of the District
Attorneys office. Mr. Swami made II
clear to reporters that he did not chal
lenge the good faith or intent OF any of
the jurors, and particularly requested
that no names be mentioned in connec-
tion with this further statement:
Three men on the Grand Jury have
admitted to me that they hold bonds of
the lnterborough They said What of
it? | contend that they are not quail
fled persons to be on the jury. l told
the court that they were likely to be
'biassed TO the favor because of their
interests, There are really four who
think should not sit on that jury, be-
a against frs
pany would be a vote against thefyr per
sonal interests"
Mr. Swami referred to one member