The New York herald., 1920-01-10
ALM|RALL JURY
HALTS ENTRY INTO
NEW INVESTIGATION
Police Witnesses and Others
Subpoenaed for Monday
Notified of Delay.

Edward Swami. District Attorney, an
nounced last night that although the Ex-
traordinary Grand Jury intended to resume
on Monday its inquiry into statements con-
tanned in letter recently seized by the
body in the office of high city official,
the inquisitors informed him they will not
be able to continue the investigation on
that day.
Mr.. Swami said that in accordance with
the request of Raymond +. Amirall, fore
man of the Extra ordinary Grand Jury, he
had notified Charles S. Whitman, Richard
j.. Enright, Police Commissioner; Inspec-
tor Dominick Henry OF the Upper Ten
derloin district; Arnold Rothstein we'll
known in the Tenderloin; onetime City
Magistrate and newspaper man, all of
whom had been subpoenaed to appear be-
fore the body Monday. that they need not
respond to the subpoenas on that day.
Although 1t was known that Mr.. Whit
man, the newspaper man and the one
time City Magistrate had been sub
poenaed to appear before the inquisitors,
it was not until he made the announce
ment last night that 1t became known
that Mr.. Enright, Inspector Henry and
Rothstein also had been subpoenaed in
the case.
Request by Mr.. AlniiraII.
Mr.. Swami said Mr. Amiral made the
request on behalf of the Grand Jury in a
letter which the head Of the inquisitorial
body sent from the Grand Jury's head
quarters, in Mr.. Almirall's office, No. II
East Forty-sixth street.
The high city officials letter was writ
ten to the head of department under
him and is alleged to contain the state
nent that rumor was afloat that "A
member Of the District Attorneys staff
newspaper man and a one-time ma gis-
itrate divided $4,000 among them, which
cthey received for having caused the
.duashns of an indictment against a
gambler. The gamblers. the letter ia
alleged to state, was indicted last sum-
luer for the shooting of two detectives of
Inspector Henry's staff during n raid on
an alleged gambling house conducted by
the man IN West Forty seventh street a
year ago.
James T.. Smith, Assistant District At
torney. yesterday volunteered the infor-
,mation that he is the Assistant District
mentioned in the high city Off
;.ciars letter. He said the statement that
:. he was paid to aid in the quashing of the
indictment was ridiculous on the face
of it.
'The letter refers to the case of Arnold
I obtained against him following his re-
lease in magistrates court | fought
hard to obtain his indictment. and 1 even
had the Grand Jury which eventually in
dicted him held for two months over their
session in order that they would properly
sift the evidence in the case.
Indictment Dismissed.
Counsel for Rothstein obtained per-
mission from the court to inspect the
minutes of the Grand Jury which in
dicted him on charges OF having shot the
two detectives. Later Judge Mcintyre. in
General Sessions, dismissed the indict-
rnent on the ground sufficient evidence
r1ad not been submitted to the grand
Jurors on which To find an Indictment"
Judge Mcintyre refused to comment on
the matter yesterday.
Mr. Whitman it Is understood. was sub
poenaed to tell Of the work of Mr.. Smith
in the suppression of vice resorts in the
CITY during the time MIR. Whitman was
r District Attorney. Mr.. Smith was ap-
! pointed to his present office by Mr. Whit
man. and has continued through the staffs
Of Albert B. Perkins, Mr.. Whitman's sue
cessor as District Attorney. and Mr..
Swami.
Tt is understood the Grand Jury re-
uuested Mr.. Swami TO postpone the ap-
.pesrauce Of the witnesses in the case In
order that the body might devote Mon
.dav to the investigation OF another mat
t.r which it has encountered in its In
.vestigations of the 1nterboroueh strike
.congpiracy, the ''overshadowing crime"
Tand the crime which may lead to the Dis
frict Attorneys office.