New-York tribune., 1920-10-04
Swami to Hale
Attell Before
Grand Jury
Accepts Attorneys Offer to
Produce Ex-Boxer if the
Proper. 1sey,s Are Taken;
Wants Fixing Evidence
Summons Will Be Issued
Other Witnesses Expected
to Give Testimony or,
Gamblers Baseball Deals
HeyWood Broun

District Attorney Swami announced
last night that he would summon Abe
Attell, the gambler and former prize
tighter, before the grand jury to-day
for questioning in connection with the
fixing Of last years worlds series
| baseball games.
Attells lawyer, William j. Fallon, had
said that he would produce the gam
bier only when the proper legal de-
mands were made for his appearance
before the District Attorney or the
grand jury. Mr.. Swami declared he
would accept Fallon's offer and "would
have the decks cleared for Attel's ap-
pearance before the grand jury to-
morrow morning and let him affirm or
deny to that body what. from all
sources of information we learn, he
said about the throwing of last years
world series"
Mr.. Swami did not make clear the
details of the procedure under which
he hoped to compel Attell to testify
1t IS known that Mr.. Swami has had
process servers out for several days
armed with "request subpenas" in an
effort to bring Atteli 10 his office for
questioning. Such a subpoena is not
mandatory. 1t is probable in view Of
the District Attorneys determination
to get Attell's story, that he will
| furnish the grand jury with reason
able grounds for his examination as
witness, apd~~that he will ask that
body to subpoena him
Gamblers to Testify
From Assistant District Attorney
Alexander !. Rorkc, who is aiding MI
Swami, it was learned that several
other witnesses were expected to ap-
pear at the District Attorneys office
during the early part of this week
Names of these witnesses could not
b. ascertained 1t is understood that
they are gamblers who have been men
toned among those who made big
money from the crooked baseball
games.
Mr.. Swami was plainly aroused at
Fallon's refusal to produce Attell for
examination. Earlier in the day the
former pugilist's lawyer said: "My
client will stand on his legal rights
H. has done no wrong. lie certainly
VII not answer a request subpoena
merely for unwarranted questioning by
an Assistant District Attorney. Attel
is willing to go before the grand jury
or the District Attorney if the proper
legal demand is made. ! will produce
him to answer specific charges or an
Indictment"
To this District Attorney Swami re-
piled: "ln an Investigation Of this kind
the District Attorney has the power to
issue what is called a request sub
pnna. OF course, the District Attorney
ut 20 Il
subppnas. The theory is, that if man
is guilty he won't appear and answer.
1t he is innocent, he is not only apt
to appear but is anx Gus to do so. 1t
is the man who has something to cover
up in matter of great public impor-
tance, such as this, who defies such a
request.
This fellow Attell, according to the
public prints, said, if he would, he
could crack things open. Again quot
iag the public prints and other sources
Of information, Attell said he knew the
syndicate of gamblers involved in the
present scandal, how much money was
put up, who won and who lost in this
very important transaction. If Attell
had any interest in this matter and
had nothing to hide, he would appear
st the District Attorneys office and
tell his story.
Accepts Fallon's Offer
"But we'll accept this offer of Mr..
Fallon, his lawyer, to produce his eli
ent for questioning by the proper legal
body-the grand jury. We will not
delay about it, either. We will put
Attcll before the grand jury and will
be ready tomorrow morning.
Il am very anxious to PURGE base
ball Of all crookedness. as l know is
every official throughout the country,
and we shall leave nothing undone to
brought this stain upon the great
American sport are legally punished"
1t was reported that Attell was at
Atlantic City, and so outside the iuris-
diction of the local authorities. This
was denied by Fallon, who declined,
however, to say where the gambler was
Mr.. Swami later in the day said he had
learned from a reliable source that
Attell was in hiding in Philadelphia,
where he usually took refuge in times
of stress. Process servers, he re-
marked. had gone to several places IN
an effort to find him.
Reports that if forced 10 talk Attell
could name the master mind behind
the fixing deal were discounted by Fall
Ion yesterday "This talk of a man
higher up and a master mind" he said.
is all bunk. "A lot or people have had
pipe dreams on this case, as you viii
discover when the affair is properly
aired in the courts"
Fallon denied that Attell had been in
communication with John J. Sullivan,
known as sport" who is one of the
gamblers under indictment in connec-
tion with the baseball scandal. Sullivan
was said to have arrived in this city
from Boston last Tuesday on his way ta
/ Chicago. He was said to have been met
/ in New York by man named Brown" !"
who is the other gambler under in
dictment.
Fallon declared that he did not know
whether Sullivan was in New York or
not, but admitted he had talked with
f'r~tirs--A - .-r. 49,