New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-07-20
OF
Ella Awaits
States Action
Deputy Attorney General
Berger to Announce De-
cision To-day i'm Case of
the Detained Anarchist
Swann's Office Through
Brooklyn Prosecutor Denies
That He Has Overlooked
Any Evidence Submitted

No date has been set for the depor-
tation of Roberto Ella, Anarchist, who
| is under detention at Ellis Island. If
New York State cares to prosecute him
he will not be deported until the ex-
piration of any sentence the state
authorities might impose.
Byron H. Uhl, Deputy Commissioner
of immigration at Ellis Island, made
this statement yesterday, when asked
by Tribune reporter if the Federal
deportation order made any provision
He said that the order did SO provide
/ and that he was awaiting word from
Attorney General Newton.
Both District Attorney Lewis, of
Brooklyn, and District Attorney Swami,
/ of Manhattan, declared yesterday that
no evidence which, in their opinion,
warranted prosecution of Ella at their
+ hands had been submitted to them.
So far as the state is concerned with
Elias case, Benjamin Simon, chief in
vestigator for the Attorney General,
has been handling 1t almost alone, it
was learned, and has been energetically
advocating prosecution of the man by
the state.
Berger Investigates Case
Deputy Attorney General Berger said
he was familiarizing himself with the
case and would be able TO say, prob
to act He will confer with District
Attorney Lewis this morning.
i Mr.. Lewis said he would not know
until after the conference with a repre-
sentative of Attorney General Newton
to-day what the Attorney General had
decided to do concerning Elias prose
cution. Neither could Mr.. Berger, or
members of District Attorney Swann's
staff say what State action is contem-
plated.
Assistant District Attorney Rorke,
! of Mr. Swann's staff, said only in so far
as the Ella case was connected with
that of Vito Mariana, also awaiting de-
portation for alleged completely in the
bomb plots said to have been partly en-
gineered by Ella and Andrea Salsedo,
who jumped to his death from a Win
ing here last spring, did Mr.. Swann's
Office have part in the investigations
Don't Want Him, Says Rorke
eve don't want Ella" said Mr..
Rorke yesterday. "Simon has not con-
him, and the Department of Justice,
when asked if there was proof that
Mariana had hand in the bomb plots
of last year, told us that there wasn't"
George Reddy, assistant to George
A. Lamb, in charge of local investi-
cations for the Department of Justice,
in the absence of both Mr.. Lamb and
William j. Flynn, yesterday said that
SO far as the department and its rec
ords of the Ella case were concerned
= the whole matter was now in the hands
of the Federal authorities at Ellis
Island.
Vigorous denial was made by Mr.
Lewis that his Office had disregarded OF
overlooked any of the evidence sub
mitted to him by Mr.. Simon. Under
the circumstances, he declared, the
Kings County office had no jurisdiction
in the case. He resented published in
pear as an obstacle to Elias prosecu.
ton.
This Office was only consulted by 6
representative of the Attorney Gener
ais office to consider whether there
was sufficient proof to prosecute Ella
District Attorney Lewis explained. "Tht
proof which he submitted related only
to possible prosecution for the publ
cation of certain papers. The boml
cases were matters within the jurisdic
ton Of New York; this Office is entirel,
without jurisdiction.
Proof Submitted insufficient
"The proof which the agent (Simon
submitted was wholly insufficient. H
undoubtedly acquiesced in that de
cision and that decision was approve
state"
Mr.. Lewis also denied that his offic
had been in controversy with "any othe
office" concerning Elias deportation o
prosecution.
Ella and salsedo were anarchist
in Brooklyn, where they are said t
have. set up the circular, copies 0
which were wrapped around the bomb
planted at the homes of Judge Charlie
9: Mott and other officials June 2, 191!
They were arrested last Februar,
charged with completely in the settin
of those bombs and in the sending Q
about a month earlier
Suspension of Sentence Obtained
\ Department of Justice agents al
serted after Salsedo had killed himsel
II that he had made a Complete comics
II sion" and had jumped from the windo
II to avoid the vengeance of his fello
Il conspirators. Nevertheless, the d.
II partment Of Justice obtained susper
II sion of sentence for Ella when he wa
II convicted of carrying concealed wear
II ons and has been reluctant to prose
II cute him on any charge.
II Louis F. Post, Assistant Secretar
II of Labor, ordered his deportation an
II he was to have sailed for Italy Jun
H %. On the protest of Attorney GeI
II eral Newton, Mr.. Post deferred tn
II sailing for thirty days, saying that h
II had no intention of interfering wit
II any prosecution instituted agains
i Ella. The thirty days will be U
II Thursday.