New-York tribune., 1920-03-27
Assistant Prosecutor
Given a ssClean BilI''
by. . Police Inspector
Before Almirall Panel
Enriggh g ht and Hylan
May Be Witnesses
Hirshfeld Tells of the
Gvitas Club Inquiry
and Questions Quinn

The charges made against Assist
ant District Attorney James E.
Smith by Inspector Dominick Henry
Of the 4th Inspection District will be
sifted by the extraordinary grand
jury. Announcement to this effect
was made yesterday by Raymond F.
Almirall, foreman of the jury.
The basis for the jury's action is
the fact that in testifying before
that body last January Inspector
Henry gave Assistant District At
torney Smith a clean bill of health.
Henry will be asked to explain the
contradiction of his testimony by
the charges contained in the affi-
davits made public by him on Thurs
day. The proceedings will begin, Mr..
Almirall said, as soon as Colonel
William Rand is ready.
Trails to Be Followed
Colonel Rand is the special deputv
Attorney General appointed by Attor-
ney General Newton to take charge of
the investigation into previous accusa-
tions against Assistant District At
torneys Smith, Dooling and Kilroe. the
charge against Mr.. Smith being neg
lect of duty in failing to present evi-
dence against keepers of disorderly
and gambling houses. This charge
viii be combined in the investigation
with the charges made by Inspector
Henry. Colonel Rand has not COM
pleted the selection Of his assistants.
The Almirall jury intends to com
plete its investigation of the original
as we'll as the Henry charges against
Mr.. Smith before the trial of Detective
Gunson begins. Members of the jury
let it be known that they feel there
should be no charges pending against
the man who undertakes the prosecu-
tion of Gunson, who is under indict-
ment Tor bribery and extortion.
The Gunson trial is expected to be
reached by Monday, April 5.
Scores of city and police officials will
be called as witnesses. Among those
who may. be called are former Police
Commissioner Arthur Woods, Police
commissioner Enright, Inspector Henry
and md probably Mayor Hylan. District
Attorney Swami is also likely to be
called. Inspector Henry probably will
be the first witness.
Colncidently with the announcement
OF Mr. Almirall, Mr.. Swami announced
that he made application to Justice
weeks Tor permission to make public
that portion of the grand jury's minu-
tes containing Inspector Henry's testi-
mony. Mr.. Swami asserted that the
puDllcation- of Inspector Henry's testi-
mony would constitute the best denial
fdavits.
:. justice Weeks refused to grant Mr..
owann's application on the ground that
the minutes were still uncompleted and
mat publication of any part of them
might bring forth charges of unfair
ness from others who sought similar
permission in connection with the re-
cent lnterborough investigation.
Questions for Henry
1t was made clear yesterday that In
spector Henry will be asked bv the
grand jury whether he persists in his
charges against Mr. Smith and, if so.
why ne did not communicate them orig
lnally to the grand jury and to District
Attorney Swami. Similar questions will
be asked of Police Commissioner En-
rlght. Some of the affidavits sworn to
by Inspector Henry in his accusations
against Mr.. Smith have been on file at
Police Headquarters for two years.
Mr.. Swami declared Yesterday tho
charge made by Inspector Henry
"intrinsically false and weak" He
expressed full confidence in the sincerity
OF purpose and integrity of Mr.. Smith.
he thinks Henry has laid himself open
to disciplinary action by the Police De-
partment.
g, Inspector Henry" said Mr.. Swami,
mas shown himself unfit to hold the
office of inspector or any other Office in
the Police Department"
Mr.. Swami laid particular stress nm
the tact that during the last two wears
the period within which Mr.. Smith is
alleged by Inspector Henry to have
committed the offenses he charges him
with, Henry'has been in Swann's Office
more than forty times, but failed At
any time to make mention of them.
IN expressing the hope that the
eStraordlnary grand jury would
speedliy begin its investigation, Mr.
onlIh Ell sald he had nothing to fear.
The Lexow investigation should
nave husky rival in this probe be-
tore 1t is over" he said.
New Element in Tnouiry
"A new element was injected into the
situation when it was made known ves-
terday that Commissioner of Accounts
Hirshfield had made an investigation
IN January, 1918, into the organization
ana management of the Civltas Clue,
alleged by Henry to have been gam
Ding house. in the management of
which, he alleges, Smith participated.
1t was not my intention" Commits
sIoner Hlrshfield said last night, ito
become involved in the controversy.
between Mr.. Smith and Inspector Henry,
but, in view of the fact that the news
papers received the information tnat I
Rad conducted such an inquiry, / feel
constrained to make public what then
learned, although / withheld the infor-
nation until now because / did not at
that time Wan. the public to believe
that it was my intention to embarrass
Assistant District Attorney Smith in
his efforts to round up slackers and
other violators of the law
Quinn Is Examined
"At further inquiry, which / COM
menced to-day, l examined Dennis J.
Quinn, a searcher in the Finance De-