New-York tribune., 1920-11-25
Hirshfiield Is
on
Libel CHARGE
Ex-lnspector Henry, Sum-
moned in People VS..
r.. E. Enright Case, Calls
Grand Jury ssBrigands''

David Hirshfeld, Commissioner of
Accounts, was indicted yesterday by the
Extraordinary Grand Jury, of which
Raymond F. Almirall is foreman The
indictment, which charges the Com
missioner with criminal libel, was filed
with Justice Barlow S. Weeks, in the
Criminal Branch Of the Supreme Court.
The persons libeled, according to the
indictment, are James E. Smith, As
sistant District Attorney, and ex-
Governor Charles S. Whitman.
After the indictment was filed Mr..
Hirshheld was notified to be in court
at 2 o'clock. Accompanied by City
Chamberlain Philip BerQlzheimcr and
State Senator Charles E. Russell, the
Commi ssioner pleaded not guilty. Bail
was fixed at 81 900. This was furnished
by the City Chamberlain, and Justice
Weeks gave until December l to with
draw the plea or make such motions as
the defense may deem advisable.
In the Indictment Mr. Hirshield is
charged with having given to re-
porter for a news association on May
20 statement which purported to be
a copy of certain questions asked by
him of Benjamin Friedman concerning
activities in the District Attorney s
office.
Henry Called Before Jury
Before the indictments were re-
turned the jury had before it ex-Police
Inspector Henry. He refused to an
swer questions and on leaving the
Criminal Courts Building referred tc
the jurors as a "bunch of brigands."
Henry was summoned to appear be-
fore the jury on a John Doe subpoena
He refused to answer questions until a
subpoena was given to him showing the
name of the person he was expected to
testify against. He then left the jury
room and a few minutes later was
handed another subpoena marked "Peo-
pie VS.. Richard f. Enright."
Before returning to the jury room
Henry declared he was going to stand
on his constitutional rights and refuse
~ etiioNCl amy questions bIldI WOulO
tend to degrade or incrmnate him.
The statement alleged in the indct-
ment against Hirshheld is written ir
full in the official document. 1t SAYS
that Smith offered Friedman the privi-
lege of conducting disorderly house
gambling house or stuss house as re.
ward for certain things which Fried
man was to do in helping Mr.. Smith
Henry.
A portion of the alleged libel as il
appears in the indictment quotes
Friedman as follows concerning ar
alleged conversation with Mr. Smith:
81 said, What do you want GOLDMAN
for?'
Smith said Benny, 1 understand
Goldman is working for the Western
Union Office as messenger around the
district up around the West Side, up
town, ana | want Goldman to testify
in the Porter case ard I want him t
testify that on a certain night there
was a raid on house uptown; tha
Goldman went to deliver a message t.
that house and when he was all read,
to get into the house he saw this mar
Forter-Commissioner FORTHCOMING
downstairs Meaning thereby tha
the said James E. Smith wanted tn,
said Jacob Goldman to testify falscl,
upon the trial of one Augustus Drum
Porter, who had heretofore been
deputy Police Commissioner and wh'
l. %~i1
on an indictment charging him will
I neglect of duty, in violation of tn
Penal Law, the prosecution of which
said criminal action against Porter wa
then and there being conducted by th'
lContinued on next uao.l