New-York tribune., 1919-08-12
New Panel Is Called By
Justice Weeks to Provide
Other Five, and They Will
Appear in Court To-day
Case of Firms Up First
Four Men Arrested i'm Bronx
To Be Investigated; Lusk
Evidence Will Be Heard

Justice Barlow S. Weeks, presiding
at the extraordinary trial term of the
Supreme Court convoked by Governor
Smith to investigate acts of criminal
anarchy in New York City, told the
first eighteen men who qualified for
grand jury service that they were being
selected for great public duty re-
curing their best citizenship, highest
intelligence and loyal belief in Ameri-
can Institutions.
The men qualified after sharp inter
rogations by Alfred j. Talley and Al
exander /. Rorke, assistant districts
attorney assigned to handle the cases.
The panel summoned was exhausted
without obtaining the necessary twen-
ty-three, and the work of completing
the grand jury will go on this morning.
This is the first attempted prosecu-
ton for criminal anarchy in this state,
1T is said, since the law defining this
offence was passed in 1902, following
the assassination of President McKn-
ley.
Briefly, Section 161 says that it is
a crime to publish, circulate or sell
printed matter advocating the over
throw by violence Of established gov
ernment.
evidence Against Radicals
All the facts disclosed by the in
yestigation of the Lusk Committee
concerning the activity of the l. w. W.,
the Socialists and Bolsheviks, together
with the result of investigation made
by the Federal government, have been
placed at the disposal Of the assistant
district attorneys.
1t IS understood the grand jury will
first consider the evidence against the
four Firms arrested on a charge of
criminal anarchy in a raid early Friday
morning last at S64 Caldwell Avenue,
The Bronx. The Federal government
had been on the trail of these men for
eight months and their arrest is re-
garded as OF great Importance.
The first man tentatively selected as
grand juror was julius Buchanan. of
80 West Eighty-ffth Street, a cotton
goods merchant at 112 Prince Street.
The next was J. Samuel Smoot, of 216
West Eighty-ninth Street, one of the
executive officers and director of
Burns Brothers, coal dealers. Mr.
Buchanan employs about 200 persons,
and Mr.. Smoot says his company en-
ploys about $500.
Anxious About Americanism
Mr.. Tailey asked each prospective
juror if he entertained ideas inimical
to the American form of government,
or If he belonged to any organizatio
entertaining such views. After Mr.
Talley had accepted two or three jury
men tentatively, he told Justice Weeks
he would exercise the right of the
people, under the code of criminal pro-
cedure, to Challenge each pros pective
juror.
Fifty men were notified to be pres
.ent yesterday. Twentythree appeared.
On the exhaustion of the panel the
court directed William Penny, the
clerk, 10 call another panel of thirty
from which TO complete the jury THIS
forenoon In warning the eighteen
!nen not to talk and not to permit any
one to talk to them about the work OF
.he grand jury, Justice Weeks said:
"You are about to be selected for
she purpose of a great public duty,
one of the umost responsibility, and
one that will require your best cit
izenship, your highest intelligence and
your highest loyal belief in the insti-
tutions of our country. Nothing should
be permitted to cast even a shadow
over the absolute justice, loyalty and
fidelity of your deliberations"
Those So Far Accepted.
The third prospective juror was
Charles Friedenberg, an exporter, of IT
State street. Others Of the eighteen
selected are George Latham, retired
tailor, of 81 West Thirty-third Street;
Joseph Il. Lopez, fire insurance broker
800 Maiden lane; Arthur G.. Meyaf
woolen merchant, % Madison avenuc,
Edward S. McManus; Otto S. Wise,
manager for r. II. Macy & Co.;
second street; Paul A. Meyer, pub
Usher, 419 West End Avenue; Harry c..
Thompson, 700 West 10th street;
Henry Meyers, publisher, 40 Stone
street; Walter S. Sullivan, insurance,
154 East Seventy-fourth street; Ell
wood Hendrick, retired chemist, 139
East Fortieth street; Clinton Tyler
Brainard, publisher, Hotel Imperial;
Raymond r. Almiral, architect, II East
Forty sixth Street; Benjamin Hamber
ger, woollens, 23 East Twenty sixth
Street; Isaac landman, clothing dealer
l West Sixty eighth Street
Early in the afternoon Deputy At
torney General Samuel Berger, Archi-
bald f.. Stevenson, associate counsel
to the Lusk committee, and Major
Rich, also associated with the Lusk
committee, paid d visit to the court
room.
In commenting on the task before
the authorities, Assistant District At
torney Korke said:
IF we can obtain competent evidence
to support the charges that we are now
investigating upon reports made by the
poiice and special agents, predict that
,ne work of this grand jury will be
historic; The work of the Lusk com
mittee has provided mass of infor-
nation that will be helpful in the in
vestlgatlon, but in considering the
matter turned over to us by the Lusk
committee this must be kept in view.
that while hearsay evidence is compe-
TENT before legislative committee. it
Is not before grand jury. If the
grand Jury returns indictments under
pe the nrts time that law has been in.