New-York tribune., 1920-12-21
Childs Charges
artisanship i'm
Election Case
Counsel Ask Dismissal Of
indictments; Declare All
Fund S of Campaign
Were Reported Generally
Allege HyIan Violations
Defendants Say 1t Is Custom
Not to lsemize Report;
Judge Swami Criticized

In moving for the dismissal of the
indictments against William Hamlin
Childs and his codefendants whose
trial was set for yesterday on charges
Of conspiracy to violate the election
laws, counsel contended that many
general statements were made in fnan-
cial reports Of disbursements of funds
in the Hylan-M Mitchell campaign and
that it was customary to n axe reports
OF disbursements similar to that upon
which the indictment against Mr.
Chi.ds, former Governor William
Sulzer and former State Senator Jo-
seph T. Newcomb is founded. The
brief was filed in the Supreme Court
before Justice Weeks
Mr.. Childs's attorneys, after citing
many instances Of "pal pabie viola tions
Of the law" in other financial reports
of the campaign, notably those of Or
gani2ations supporting Democratic
candidates. charged in effect that Mr..
CAlds was singled out TO be the goat"
OF "partisan prosecution
"The partisan character Of this pros
ecution " uld seem to need 10 furthel
demonstration" it says, after assert
ing that reports OF these other VIOLA
tions were n the possession Of Dis
trict Attorney Swarm at the time Of
the grand jury investigation, which re-
suited in the indictments against
Childs and the others
Indictment Charges Conspiracy
The three were indicted in May, 1919
for alleged violotion of the election
laws. The Indictment charges they
conspired to induce Lewis T.. Clarke,
treasurer Of the John Purroy Mitchell
Campaign Committee. to neglect to file
speeches he made and $500 to Misha
AppleNaum f T II W TING she Mi.cne.
carr paign through his magazine.
The item in the financial report upon
which the Indictment is based is: "Item
22--Wi)liam Hamlin Childs, S11 500,
rental OF hal ga aries and expenses ,vf
speakers, auto hire, etc, for various
m meetings"
John g. Stanchfeld. Isadore j. Kresel
and Charles E. Rushmore, attorneys
for Mr.. Childs, contended that the only
thing charged in the indictment is an
act of omission of an jnconse quential
detail. Mr.. Rushmore argued that it
was we'll known that Sulzer SPOKE for
TIE Fusion Campaign Committoe, and
that. while an unimportant detail
might have been omitted from the re-
port, not dollar Of the fund had been
expended illegally. 1t was not the in
tention Of the item to conceal to whom
the money was paid, Mr.. Rushmore
contended.
the instances of "pa pable violations
OF the law referred to in the brief con-
Germ items and totals in reports made
by the treasurers of several organiza
tions supporting Mayor Hylan.
Give List of Violations
The organizations and amounts are:
Second Assembly District, New York
County, bernard Golden, treasurer,
S2,G25; 18th A. D., Kings County,
James Gibson. treasurer 1928; Busi-
ness Mems League of Jamaica John
LEIGH, treasurer, sS91; Bronx County
Democratic Committee. Daniel ]. Carr,
treasurer, S25,925; Edward Lazansky
Campaign Committee, Kings County,
Arthur S. Somers, treasurer, $19908;
Bronx County, Henry Geiger, treas
urer, SLABS; Garment Manufacturers |
League, John NJ. O'Connor, treasurer, !
$3.50; David Well Campaign Commit
tee. Municipal Court New York, Jacob !
Klein, treasurer, S7,53A Independent !
Republican League, supporting Hylan,
Dr.. F. Lazarus, chairman, $3.50; 10th I
Assembly District, New York County,
Henry Huter. treasurer, $1,408.
1t is alleged that in regard to these
sums, which are receipts in some in
stances and expenditures in others
th.t the names Of the contributors are
not always listed and in others thai
there is nothin" to sh to VIII m the
money was paid In one instance, the
ST. tement sa <. tHe contribution is the
total given by eleven persons, and Loes
net name arv Of them.
Dozens of TENS are cited frow, the
rep ort Of Philip T. Donahue, tre. sircr
of the Democratic County Comm tee
Some Of these items, the brief says are
'Oct. 5-$l 500 meetings, rent, m SIC