New-York tribune., 1920-06-24

ing that Mr.. Smith is certain he will
establish his innocence when called
upon to do So"
1--WE will say nothing" Mr.. Nc
Manus, of counsel for Murphy, said.
until we examine the indictment and
give it the closest scrutiny. 1t covers
thirty-two pages and contains several
counts"
Mr.. Conboy was out Of town yester-
day and is expected back this morning
He represented Mr.. Baldwin in the pro-
behalf of Hartog and is familiar with
the case. MIR. McAllister declined to
comment on the indictment.
Smith Long Storm Center
Jim" Smith has long been one Of
she most picturesque figures abou. the
Criminal Courts Building His spec
the heads of the police during the last
two years have made him the center cf
more than one political storm. he is
created with an iron nerve and mas al
ways had the ardent and open support
OF District Attorney Swami. 1t was
Smith who presented to a grand jury
the evidence that resulted in the in
dictments of Augustus Drum Porter,
Third Deputy Police Commissioner:
| Police Inspector Dominick Henry and
Detectives Gunson and Franklin.
After Henry had been acquitted OF
the neglect of duty charge prosecuted
by Smith, the inspector was indicted
for perjury in swearing falsely that
Smith had sought graft by the cx-
traordinary grand jury, the very body
which has now indicted Smith. Henry
was convicted on this charge, sentenced
to from two to five years in Sing Sing
and is now in the Tombs, pending tie
outcome of motion for writ Of
| error.
Following Smiths activities against
the police, Commissioner Of Accounts
David Hirshheld made public sworn
statements of Jacob L. Goldman and
Bernard Freedman that Smith had eX
derby houses and had tried to frame
up" witnesses against Henry and
Porter. The extraordinary grand jury
| has been investigating these charges
and the manner in which the testimony
was obtained.
Refuses to Discuss Indictment
Smith, though a Democrat and
member of the National Democratic
| Club, has never been considered a
| Tammany man. He does not belong to
Tammany Hall and declares he has
not met Murphy for years. He refused
yesterday to comment on the indict
ment The indictment does not charge
that Smith entered into the first stages
Of the alleged conspiracy to defraud
the government out of war excess
profit taxes, but that he subsequently,
Joined in acts to promote the ends of
Murphy, among which was dodging the
Federal tax.
"Fishhooks" Mccarthy was for many
years a partner in the contracting
business with John Murphy, brother Of
the Tammany chief.
The fact that Murphy's Indictment
was almost coincidcnt with the arrival
in California of the Tammany delega-
tion to the Democratic National Con-
vcntion occasioned passing comment.
Deputy Attorney General Rand made
haste to explain that the grand jury's 5
action should not be accorded any
political Interpretation.
The last overt act set forth in the
Indictment he said, "is alleged to
have occurred August IS, 1913. The
statute of limitation for a misde
meanor- two years-would have run
out by next August and it was neces-
sary to act quickly if action were to
be taken"
1t is understood the grand jury may
recess for the summer before the San
Francisco convention adjourns.
There was some conjecture yester-
day as to whether the United States
District Attorney might lay before a
Federal grand jury the evidence which
has to do with the alleged conspiracy
to cheat the government out of taxes
1t was noted in this connection that
the Indictment, while it does not
formally charge Hartog with crime
asserts that he co0peratcd. though
under duress, in the preliminary
machinations of which Murphy and
Baldwin are accused.