New-York tribune., 1920-02-21
Jury Asks Bar
To Investigate
Z. Baff Attorney
w. n. Deuel. Retained by Two
Defendants After w orking
d on Murder Case as Pros
ecutor, Presentment Says
Whitman Also Criticized
Joe Sorro, States Witness
Against Cohen, Indicted
on Charge of Perjury

vestigate the professional activities of
Walter Rogers Deuel. in the Baf muir
der case in presentment filed with
Judge Mulqueen yesterday by the De-
cember additional grand Jury. AT the
same time the grand jury handed up
an Indictment charging Joe Sorro, a
states witness against Joseph Cohen,
convicted Bsff slayer, with perjury.
Sorro recanted his testimony in the
Cohen trial and subsequently repudi-
ated the recantation.
Cherries s. Whitman, who as Gov
ernor directed Deputy Attorney Gen
cral Rocker TO supersede District Attor-
ney Swami in conducting the Baff mur
der prosecution, is criticized for th@t
action in the presentment. which also
expresses disapproval of Eecker's re-
tanning Philip N. Musca as special
investigator in the case.
Ferdinand Pecora, Assistant District
Attorney, who had charge of the John
il said to have been assai!ed by Beck
er when he testified before the grand
jury. is praised for his professional
skill and ability" and absolved from
charges against his official conduct
made to the jury.
Other Indictments Likely
The demand for Bar Association in
vestigation of Deuel. arises from the
allegations that, prior to his being re-
tanned by Giuseppe Arichiello and
Frank Ferrara, co-defendants of Co.
hen, he had been connected with the
investigation of the murder in his ua-
pacity as Assistant District Attorney,
and that at a still earlier date he had
acted as counsel for Cohen in suits for
libel growing out of the Batf killing.
Sorro pleaded not guilty to the per-
jury Indictment and was sent to the
Tombs by Judge Mulqueen in default
of $4,000 bail. Judge Mulqueen di-
rected the grand jury to continue It's
deliberations. Other indictments are
likely, it was rumored-
The presentment, which was signed
by Foreman Milton !. d. Einstcin and
Secretary M. Gomprecht, follows, in
part:
"On January IL. 1917, an Indictment
was filed by the grand jury Of this
county against Joseph Cohen and
others, charging them with murder in
the first degree, for the killing of Bar-
net Baff on November a. 1914. Less
than four months later ard while the
District Attorney was preparing 20
bring this Indictment on for trial, al
executive order was Issued upon the
application of one Walter Rogers
Deuel.. superseding the District Attor-
.Ucy DE lno Attorney IeneCdt IN CDe
prosecution of said Indictment.
This was followed & few days there
after by the issuance of another execu-
tive order similarly superseding the
District Attorney for the prosecution
nf all other indictments for said mur~
der
Governor Criticized
"At the time of making such appli-
cation Deuel. was the attorney, or coun-
sci, for certain other defendants then
under indictment for that murder, in
GLIDING one Giuseppe Arichiello and
one Frank Ferrara, both of whom haG
IN Anil, 1916, been prosecuted to con-
viction for said murder by the District
Attorney.
"lt is to be regretted that such ex-
ecutive orders were made without Civ
ing the District Attorney an oppor
tunity to explain the conduct of his
office in the handling of said indict-
ments. particularly in view of the fact
that Deuel. had for some months prior
TO the making of such application vain
ly sought to have the District ATTORNEY
consent to the setting aside of the
conviction of Arichiello upon aiegcd
newly discovered evidence.
1T further appears that said Deue'
acted as attorney or counsel for vari-
Gus persons indicted for the Batf mur-
-4utI, EeSplIe the ldCl lN6C prior INeTStt
he had for many months conducted al
official investigation as a Deputy As
sistant District Attorney Of New Yorl
County into the facts ard circum
stances surrounding the murder. L
also appears tha, Deuel. had previousl,
s.assisted in the defense of certain dam
age suits which had been brought by
esJoseph Cohen and others for alleget
hbels charging them with complicit,
IN the Baf murder. In this latte
work he was assisted by one Philip NJ
Musica, a person who had previously
been convicted in this state of felony
eve respectfully recommend tha
appropriate action be taken to the en-,
that an investigation be made by tht
Bar Association of all the professiona
activities Of said Deuel. in the fore
going matters.
"NOt in Interests of Justice
"In June and July. 1917, the defend
ants Joseph Cohen and others were
Jol,tly tried upon the aforesaid indict
nent IN an extraordinary term of thu
Supreme Court held in and for th
county cf New York. This prosecutio,
was under the direction of Deputy At
torney General Alfred L. Becker, ant
among other things resulted in thu
conviction of Joseph Cohen for frs
degree murder. The principal witness
for the prosecution was one Antoni,
HEardinale, himself at the time unde
Indictment for the Baf murder and il
control of Deuel. as his counsel
m THE aforesaid Musica was employe,
by Becker as chief investigator for tn
purposes of this and all other prose
eusions arising out of the Batt murder
tnotwiths standing the very confidential
associations of Musica with Deuel. i,
the latter's capacity as counsel 70
various other defendants indicted 70
the murder.
Because Of the anomalous role there
by given to Musica, we consider tina
sucn employment OF him WAS not con
dueive to that fairness and impartial
ity which, in the interests of publ
justice. should motivate every crimina
prosecution. 1t is true that prior I
his supersession, the present Distric
attorney availed himself for time O
the services of Musica as an investi
gator in various cases, including tn
baft murder cases, in which Musica ha
assisted predecessors of the Distrir
Attorney. But it is apparent that tn
present District Attorney in so utili,
ing the services Of Musica in the Ba
murder cases, had no knowledge c
Musca's confidential relations wit
Deul."
Moscow Elects liz COmnuu;s