New-York tribune., 1920-01-29
Smith to Drop
Swami in Jury
Probe,Is IsRulnor
Attorney General Newton
To Be Named Monday to
Investigate the Office of
Prosecutor, 1t Is Said
II. III. Weller Also to Aid
.Almirall Refuses to Discuss
Report, but Declares the
inquiry Will Continue

The Extraordinary Grand's Jury's
inquiry into the Office Of District At
torney Swami is to be resumed shortly
under the direction Of the Attorney
General of the state, it was rumored
at the Criminal Courts Building yes
terday.
Governor Smith, who thus far has
stoutly declined to give the Raymond
+. Almirall panel the services of At
torney General Newton, frequently re-
auested by the jury, virtually has de-
cided to superside Mr Swami by the
Attorney General in an inquiry into
the District Attorneys Office, the
rumors, which received no official vcri
Governor Smith denied the reports
at Albany last night, although the
rrnor here had it that formal an
nouncement of this would be forth
coming from Albany not later then
Monday next.
Weller May Assist
In addition to issuing the suppressed
ing order to Attorney General Newton,
who may assign those of his deputies
he sees fit to the task of investigating
Mr.. Swann's office, the Governor, the
rumors had it, also would take advan-
tage OF the powers given him under
the law and name Royal II. Weller, Of
this city. as special deputy to assist
in the inquiry.
Weller. member of the law firm of
Fox & Weller, was appointed deputy
Assistant District Attorney in 1911 by
the then District Attorney Whitman,
served through the Perkins regime and
several months under District Attor-
ney Swami, quitting his post, then Il
ri
ship, in November, 1917. Weller ham
died several important insurance swim
die and arson cases while in the Dis
trict Attorneys Office
The basis on which Governor Smith
may have determined to issue the ru
mored superseding order is not known.
1t was on December 26 last that Gov
ernor Smith, responding to the Ami
rail- jury's request for the services of
the Attorney General, wrote the panel:
"If you can lay before me evidence
tanned to an extent warranting such
action, | shall remove the District At
torney." Mr.. Smith added that # no
such evidence was forthcoming he
would Immediately exonerate Mr.
Swami.
Whether the grand jury has supplied
any evidence affecting members of Mr.
Swann's staff to the Governor is NOT
known. Foreman Almirall declining to
mako any statement on the matter.
1t Is known, however, that the Attor-
ney General has replied to Foreman
AlmiralPs letter in which the jury ex-
pressed its view that Mr.. Newton had
common law powers by virtue of
which he could become legal adviser
to the grand jury on his own initia-
tive, without order from the Governor
The text of this letter has been given
out neither here nor in Albany
District Attorney Swami had no
llght to throw on the lmors yesterday
be declared his position was the same
as he has maintained throughout the
grand jury controversy-if the grand
jury is able to make specific charges
against him (Swann) or any member
OF his staff, the District Attorney will
De glad TO submit to any investiga
py any proper agencies Of such charges.
Inspector Henry Testifes
Inspector Dominick Henry. Of The
First Inspection District, appeared be-
fore the grand jury yesterday as a
witness Tie was questioned regarding
the 1000 Arnold Rothstein bribe in
oulry. 1t is understood he said that
he had not circulated the rumor that
an Assistant District Attorney, news
paper man and former city magis-
trate had split this sum to bring about
Rothstein's liberation from charge OF
shooting two officers
Henry who waited the two preceding
days in the jury anteroom. the jury
failing to call him. is reported to have
said that he knew the bribe rumors
were untrue. and that he was not the
authority which Mayor Hylan men
toned in his letter to Police Commis
sioner Enright.
The jury meets again on Monda.
next