New-York tribune., 1920-05-20
Smiths Accllser
Is Arrested ON
Perjury Charge
Friedman, Who Testified in
Hirshfeld Hearing Pros
ecutor Was Paid $1,000
Bribe, Faces u. s. Trial
Witness i'm Theft Case
Commissioner Makes Public
New Chapter in Accusa.
tions Against Swami Aid

Bernard Friedman. one of Commits
sioner of Accounts Hirshfield's wit
nesses against Assistant District At
torney James E. Smith. was arrested
Tuesday for alleged perjury in the
Federal court The charge was based
on testimony given by Friedman in be-
half of five men accused of looting a
/ barge.
John Z. Joyce, Assistant United
states District Attorney, said he would
submit the evidence to Federal grand
jury and ask that Friedman be in
dicted; The accused man was released
on bail after hearing before a United
States Commissioner
District Attorney Swami said Tues
day that Hirshfeld's witnesses against
Smith belong to the Jacob Luban
school of perjury" from which. Swami
said, there can be obtained "at any
time of day or night any kind Of per-
jury in any kind of case"
More Hirshfcld Charges
The Federal case in which Friedman
is alleged to have committed perjury
vas prosecuted against James Chap
man. lsadore Feurer, Albert G.. Yer
kayk, James Rosenblatt, and Samuel
Davidson. The accusation was they
had stolen $4,000 worth of lard on a
barge in the North River. The ship
ment was bound for Europe from Chi
cago.
Friedman testified that Feurer acted
merely as statesmen for persons whom
Friedman introduced to him as the
owners Of the lard.
His testimony was false declared
Mr.. Joyce.
TlO
sued the regular daily installment yes
tcrday of "disclosures," charging As
sistant District Attorney Smith with
having protected disordcrly houses and
gambling.
Mr. Hlrshfield threatens that the
serial will continue for about a month.
The latest chapter is transcript Of
testimony given before the Commits
sioner by Friedman and Jacob L. Gold
man, confessed pickpocket, forger and
burglar
by way Of preface to the testimony
Commissioner Hirshfeld quotes Dis
trict Attorney Swann's remark that
"anyone who will permit Jake Luban
20 run stuss games can be provided
with assorted perjury of all kinds.
Hlrshheld adds that he agrees with
the District Attorney, and then pro-
ments Of Friedman and Goldman that
Smith received graft for protecting a
Stuss game which they and Luban con-
'ucted in the rear OF a Chrystie Street
cigar store.
Goldman in Sing Sing
Friedman. according to Hirshfcld S
transcript, said he, Goldman and Lu-
ban ran the stuss game for nine months
in hain
Mayor Hylan took office.
Records in the Criminal Courts
Building show that Goldman was not
discharged from Sing Sing, whittier he
had been sent August 6, 1915, for
forgery, until May |, 1917, so that he
could not have been involved for a
longer period than eight months.
Mr.. Smith, Friedman swore, used to
come to the cigar store, greet Luban
and get sums ranging from $500 to
5000. On one occasion, he said, he was
present when Luban handed Smith
$500. Goldman testified the Assistant
District Attorney was frequently in
toxicated when he came to the place,
watch the play. Friedman said he had
remained in Smiths confidence right
up to the time of his testifying before
Hirshfeld.
81 do not know Friedman, never saw
Goldman and have had no dealings
with Luban,' was Smiths comment on
the latest Hirshfeld blast. at is too
silly to dignity with an answer"
Louis Savincr, who made an affidavit
in the District Attorneys office Tues
day, denying that he ever had paid
money to Smith while he and his
brother ran a saloon which was raided
as disorderly house, appeared before
Commissioner Hirshfeld yesterday in
answer to a subpoena. Hirshfield had
given out testimony bv Friedman max
ing this accusation.
Questioned by Hirshfeld, Savincr re-
manned firm in his denial that he had
given Friedman or anyone else money
for Smith to quash the dsorderly
house charge.
Flirshteld wrote to District Attorney
Swami yesterday inquiring whether the
police and vice prosecutions would be
lnterfered with were he to examine
the Rev. Dr. John Roach Straton and
other witnesses the District Attorney