New-York tribune., 1920-02-19
Governor Acts ON Charges
Filed by Grand Jury
Against Three Assistants
of the District Attorney
Prosecutor Calls
Action a 'sPretext''
Plan to Bring Becker Into
Case, He Says, Gust Hy-
Ian, Get Something On
Hearst, Raise Carfares

GOfciAol SiilIII dIIilOuICcO III AL
bany yesterday that he would desig-
nate Charles d. Newton, Attorney
General of the state, as special coun-
sci to the extraordinary grand jury
to aid that body in its investigation
of criminal charges against members
of District Attorney Swann's staff.
Soon after the Governors an
nouncement Mr.. Swami charged that
the inquiry into the District Attor.
ney's Office by the panel headed by
Raymond F. Almirall was only a
'pretext,' and that the actual pur-
pose was to have Alfred l.. Becker,
a former deputy Attorney General,
assigned as special deputy to con-
duct the jurys inquiry.
Through Mr. Becker, the District At
'orney alleged, the jury hopes to "ind
something on Mayor Hylan, bring
about his removal and supplant him
with some one who will grant the trac-
ZION interests an Scent fare.
"Aims to Get Hearst"
The second object of the jury's
Maneuver, Mr.. Swami charged, was to
fnd something" on William Randolph
Hearst, publisher Of "The New York
American" and "The Evening Journal
drive him out of politics "for all time
md thus remove what the District At
torney described as "thorn" in the
side OF the traction combine.
The Governors announcement means
nat Mr. Newton, or such deputy as he
may name, will supersede Mr.. Swami
those status as legal adviser to the
ary the panel has charged, stood in
he way of an impartial investigation
Of the District Attorneys office.
Governor Smiths action came after
panel, apparently hopelessly blocked,
vas about to disband. The Governor
moved after Foreman Almirall for
Earded him a letter making specific
charges of misconduct In office against
-hree members of Mir. Swann's staff,
They are:
James E. Smith. official vice and
sambllng crusader of the District At
Iorneg's Office for the past ten wears.
John L. Dooling, in charge of in
iuiries into bond thefts and Wall
Street frauds.
Edwin P. Kilroe. head of the Bureau
u Commercial Frauds.
All are full first assistant district
ttttorneys and important members OF
Ar. Swann's staff.
Charges Are Outlined
Although the jury in its letter to
Governor Smith stated its disinclina-
lion to link the names of the assist
ant district attorneys with "uninyes-
tigated crimes" and specified the
names In Il separate inclosed memo
fandum for the Governor, Mr.. Smith
gave out this inclosure at ALBANY. IT
reads: ~
For His Excellency, Governor Alfred
f. Smith.
themorandum)
l-John 7. Dooling, charged in
sonhectlon with Alexander F. Reich
man with a conspiracy to falsely and
mallciously ndict one CASTOR B. Means
-or the crime of murder and to procure
saia Means to be complained of and
arrested tor such a crime in violation
u section $50, subdivision 2, of the
penal law. s-Ae
In connection with the investigation
mus Tar made of said alleged crime,
some evidence has been presented indi-
.atiAg that crime in violation of Sec
ion 900, subdivision 6, section 1876
ana also section 376 of the Penal Law
na"9; nase also been committed by said
"2. James E. Smith, charged with vari-
1us violations of Section 372 of the
.ehal Law, and with neglect of duty
m ~ VOCATION of Sections 1841 and 1867
81 tne Penal Law, in respect of the in
hIisueaNon and presentation of gam
oing and disorderly houses.
%. Edwin P. Kilroe. charged with
neglect and omission of duty in viola
J,on of Sections 184I and 1857 of the
renal Law in failing to present and
TTrosecute charges of larceny made by
'nonias b. Donaldson, Insurance Com
missioner of the State of Pennsylvania
against George f. Montgomery.
The Jury's Letter
ihe jury's letter which accompanied
ms memorandum follows:
Let me acknowledge receipt of your
'NHNy . iCttST VI Inc 14tn luSC.
For the purpose of securing the
services of the Attorney General as
.sgal adviser to the extraordinary
grand jury and without acquiescing in
your YOUR excellency's apparent conception
.l " the necessity of specifying charges
'ne extraordinary grand jury defers tc
your , excellency's requirement.
The extraordinary grand jury highly
appreciates your excellency's express
s"nl, s,on OF Willingness to do all in your
eeaa,e,ellency's power to legally comply
with its request and your excellency's
promise to designate the Attorney Gen.
efai on receipt of the specifications
sour excellency is pleased to require.
Because Of the preference of the
Grand jury not to link together the
name of a person and the charge of ar
sanh,investigated crime, the grand jury
sakes the great liberty of inclosine
herewith memorandum of the names
ol three members of the District At.
ssofney's staff particularly referred tc
IN the grand jury's letter, dated Jan.
f'0utio,afod ~, o,r.1 SLn.,~