The New York herald., 1920-01-20
COURT PUBLISHES
JURY'S MINUTES IN
|. R. 7. CONSPIRACY
Mr.. Talley Says No Evidence
of 'Overshadowing Crime or
Conspiracy Has Been Shown.

ierm or the Supreme Court yesterday
made public minutes of testimony taken
oy the Extraordinary Grand Jury in con-
hection with its inquiries into the alleged
interDorough strike conspiracy charges
made by Mayor Hylan last summer. and
dismissed by the body several days ago.
ana several other inquiries completed at
Inc time the strike conspiracy charges
were disposed Of
SO volunlinous were the minutes. how
ever, that Justice Weeks arranged to have
them divided into book form, and they
Will be given out today
The decision to make known the minutes
led up to another spirited tilt between AL
tred j. Talley, Chief Assistant District At
'orney, and the Justice. Mr. Talley, after
hastiiy glancing over three closely type
written pages containing Justice Weeks
decision, again sought to include the min
utes OF all the proceedings that have come
under the deliberation of the jury since it
was ordered by the court to take up the
Mayors conspiracy charges.
Mr.. Talley referred to a statement made
by Raymond T. -Almirall, foreman of the
Grand Jury, to the effect that the investi-
cation of the traction matter could not
properly be determined at the time be-
cause it might lead into the office of Ed
ward Swami, District Attorney, and sew
eral city officials.
Il told you, Mr.. Talle'y when you arose
TO speak," interrupted Justice Weeks.
that you might make any motion you
desired. / do not want you to make a
speech
Mr.. Talley's features Redeemed, and he
replied:-"I do not make speeches in court.
Your Honor"
Il used the word speech advisedly," re-
joined Justice Weeks.
Il only want 20 know" persisted the
Assistant District Attorney, "if / cor
rectly understand the Courts opinion
The opinion is readily understandable.
Mr. Talley," declared Justice Weeks. If
II is not so then / regret it very much"
Then l now ask Your Honor to make
public all the minutes of the Grand Jury
under amy title on any subject, however
remote. on what the foreman of the Grand
jury has presented to this court relative
TO the 'overshadowing crime
The matter already has been disposed
Of" said Justice Weeks with fnality.
THE Court has already ordered filed all
the minutes"
Wants All Proceedings Published.
In his decision Justice Weeks said, in
part
THE objection now made by the Dis
trict Attorney to the publication Of the
minutes of the investigation Of the con-
spiracy charges which were presented to
the Grand Jury on August 20 1919, is not
based upon any claim that such publica-
ton would be against the interests of the
public, but solely upon the ground that
such minutes should not be made public
unless the minutes of all its proceedings
and Investigations (other than In criminal
anarchy cases) be made public at the
present time.
There are now pending before the
Grand Jury number of other proceed
ings which are uncompleted and at least
one of them which is directed against a
number of the staff of the District At
torney's office.
Due to the friction between the Dis
trict Attorney and the Grand Jury which
has arisen in the course of this proceed
ing. the Court has been burdened with
frequent requests from the Grand Jury
through its foreman for advice upon mat
ters pending before it, and it was the
clear duty of the Court to give such ad-
vice.
Prior to November l, 1919, the foreman
of the Grand Jury called to the attention
of the Court the fact that he had received
certain communications relating to short
selling of traction stocks and or about
November, 1919, a similar communication
which was anonymous, was received by
the Court and shown by the Court to Dis
trict Attorney Swan, the Court then point
ing out that information upon the subject
might be OF value.
Got Full Assistance OF Court.
THE District Attorney himself there
upon brought the matter to the attention
of the Grand Jury on November 3, 1919,
and his assistant, Mr.. McQuaid, was as
signed to conduct of the investigation,
in the course of which the Court rendered
TO him proper assistance. The Court never
had any reason to believe that the District
Attorney was not kept fully advised of
the progress of the investigation being
made by his own assistant.
ut is manifest, therefore, that the claim
now made by the District Attorney that
the Investigation was not conducted by
his own office Is without foundation and
cannot be permitted to becloud the real
issue.
I'm granting this application, the Court
feels that IL is its duty to record its Off
ciai dsapproval of the conduct and lam
guage of the Assistant District Attorney
upon the argument. The only reason he
was permitted to conclude such an argu-
ment and to file the affidavits in the form
in which they were presented, containing
matters so manifestly Irrelevant as to
Indicate an Interior purpose wholly foreign
10 the proper one of assisting the Court
m the disposition of the application. was
to avoid the possibility of any suggestion
that the power of the court would be
used to prevent full presentation of any,
thing that the District Attorney. as an
officer OF the court. desired to submit.
4 transcript of the entire proceedings
upon the argumen, however, will be filed
with the order
"No Evidence" Says TalIey.
"All of the minutes OF the Extraordi-
nary Grand Jury bearing up on Mr.. AImi-
rails 'overshadowing crime have now
been open to the public" Mr. Tallcy said
later. They contain not one scntilla of
evidence to Justify the charge made by
Mr. Almirall that there was an over
shadowing crime. There is not a line OF
evidence TO Justify his charges of official
misconduct on the part of any public
official. That is the great outstanding
fact.
mfr. Almirall deliberately gave the pub
lie to understand that evidence of his
overshadowing crime had been devel-
oped during the traction investigat ton He
claimed that the 'overshadowing crime
constituted the motive or, TO use his own
words, the origin and causative pro-
cesses of the, conspiracy charges against
the officials OF the Interborough company
and of the Interborough Brotherhood lie