The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-22
SWAMI DENIES HE
PROSECUTED CHILDS
Issues Statement in Effort to
Refute Charge Of Par
tisanship.
BRIEFS CONTRADICT HIM
Attorneys In Case Give In
BRIEFS CONTRADICT HIM
Attorneys In Case Give In
stances of His Ignoring
Democratic Violations.

iSSueu "A FORMAL statement yesterday III
an effort to refute the charge that he
was actuated by partisan motives in OBJ
tanning the indictment OF William Ham
lin Childs. chairman of the executive
committee of the Mitchell fusion cam
paign committee OF 1917, briefs on file
in connection with the case reveal, IT is
alleged, a series OF unmistakable viola
tons of the law by Democratic officials
which Mr.. Swami overlooked.
These briefs are in the possession OF
Justice Barlow S. Weeks Of the Supreme
Court, who reserved decision yesterday
upon a motion to dismiss the Childs in
dictment after having listened for two
days to arguments of Charles Il. Rush.
more, John b. Stanchfield and Isidore j.
kresel. attorneys for the defendants,
and Robert S. tombstone, Assistant Dis
trict Attorney, for the prosecution.
Mr. SWANS statement, which was not
given to the court but to reporters, was
denial of assertions made in the briefs
which the defendants attorneys had
filed at the beginning Of their argument
on Monday. when they attacked the In
dictment upon numerous grounds, alleg-
cent of violation OF the law, but that
Mr. Swami at the time that the indiot-
nlent was returned was In possession OF
evidence OF fragrant violations by sup
porters OF the Hylan campaign, whom
he made no effort to prosecute.
His reply was 20 the effect that the
cases or Mr.. Chiids and OF the other
campaign treasurers were no: similar.
In that the report complained OF IN Mr..
Childs's case contained the statement
that S11,5o0 paid to Mr.. Chirds had been
disbursed partly for rental of halr' and
"auto hire" when the money had not
been paid for such purpose. Defendants
| counsel answered this contention In tho
| course OF their arguments pointing out,
| among other things, that Mr.. Childs was
not responsible for this item. which was
contained in the report of the treasurer
of the City Publicity Committee, OF
which he was not even a member.
Mr.. Rushmore argued that $500 OF
this money, which was paid by Mr..
| Ch!lds to Afisha Appelbaum. was, in fact
| to cover expenses In connection with Mr..
| Appelbaurn's activities on behalf Of tho
Mitchell campaign. which consisted in aid
| through the medium of his Humanitarian
Mo1dssiISe and through public meetings as
we'll. At the most counsel contended,
! II the report of the treasurer was erro-
! neous, II was not Intentionally SO; tho
/ error was purely OF technical nature
and no motive for deception or intent to
| deceive was shown.
Tho District Attorneys statement I'm
cluded a history of the case. and finally
asserted, 'in none OF the other reports
OF election expenses filed by any other
person or party has the District At
| torney's attention been called to any
| false statement or suppression OF the
truth except IL this particular case"
what One Brief Says.
In the face OF this assertion one OF
| the briefs submitted by counsel for Mr..
Childs says: THE election law requires
that the treasurer's statement shall con-
tain the names of all contributors and
the amounts contributed by each and
the names OF the persons to whom he
| paid the money, the dates of the pay
ments and the purposes thereof (Elec-
ton law. section 546). In the follow
ing instances, taken directly from the
| reports Of treasurers representing sew
eral committees actively engaged In the
support Jf Mayor Hyla1, direct and un-
mistakable violations OF the law were
committed. The District Attorney had
all OF this material before him, but re-
, Trained from presenting any thereof to
the Grand Jury"
Here follows the report OF the Second
Assembly District, New York County
Democratic Committee, Bernard Golden,
treasurer. showing expenditures for
printing and music. s825; stamps and
envelopes. s275; badges. s25: sample
ballots. 800; distribution OF letters.
$500; workers and watchers and mes
sengers $1,000. a total Of s2,625, with
out a single name or date.
| The report OF the receipts Of the
Bronx County Democratic County Com
mittee, Daniel J. Carr, treasurer, Is
given next, as follows:
October-Dcmocratic County Com
mittee. through Daniel ]. Carr.
4 treasurer ................. So,VVV.VN
October and November--M. J. Scan
Ian. through William Knapp. ...... 1900
Three individual contributions or
5000 each ......... i,JV".v
! One Individual contribution OF $3.50. $4,000
'' $50 eaen S'..e .............. 2.75o.oc
$500 each IVA ........ . ' 100000
Ten individual contributions or
$50 each ................ .s.... l,JoU.V0
81 SIS Sea each ....................... 1e25.oo
/ npo fpdfxfduaI contribution NJ