New-York tribune., 1920-06-10
Henry Charges
Totally False,
Smith SWears
Prosecutor From Witness
Stand Denies He Ever
Proposed Protection for
Gamblers to the Inspector
The State Rests Its Case
Hines, Quinn and Others
Say the Police Official
Falsified to Grand Jury

The prosecution rested at the trial
Yesterday Of Dominick Henry, sus-
pended police inspector, charged by the
extraordinary grand jury with pejury,
when Assistant District Attorney James
g. Smith concluded his testimony.
Smith denied as without foundation
The statements made by Henry under
oath to the extraordinary grand jury
concerning alleged proffers made to
him by Smith for the protection of
gamblers in the 4th Inspection Dis
trict, of which Henry was in COM
man1.
Similar denials of Henry's story
were made by all the other principals
alleged by the suspended inspector to
have approached him as representa-
lives Of Smith.
Henry Testimony Read
At the morning session, William
Rand. Deputy Attorney General, read
to the jury transcript of the testi-
mony given the extraordinary grand
jury on March 80 last by Inspector
Henry, in which the latter testified to
having been introduced to Smith by
James j. Hines, political leader of the
upper West Side, and being told by
him at second meeting q few days
later that. II have got Swami muz-
sled. Got him muzzled tight. He has
got the governorship bee in his bon
said the other day: You made Whit
man Governor, why don't you make me
Governor p"
To disprove this portion of Henry's
testimony, the prosecution called Mr..
Hines, who said he never had intro
duced Smith to Henry on the night of
February 8, 1918, and added that he
never had seen Henry and Smith to-
gether. Hines said, however, in an
swer to question put by Mr.. Rand,
that he had seen Henry IN March of
this year and had said in reply to
Henry's question as to what he thought
Of Smith: Smith is a tough fellow"
Cross-examined by w. Bourke Cock
ran, Henry's attorney, Hines said that
he had called Smith tough" fellow
because he used his power of subpoe-
naing people too frequently.
District Attorney Swami was called
by Mr. Rand to testify about the con-
versstion alleged to have taken place
between Assistant District Attorney
Smith and himself regarding the Gov
ernorship, but Mr.. Cochran objected
and was upheld by Justice Barlow S.
Weeks. A similar objection by Mr..
Cochran to Smith answering the ques-
ton also was sustained.
Smith Gives His History
Smith said in answer to questions put
by Mr.. Rand that he was a graduate of
Brown University. had been admitted
20 the bar in September, 1894, and had
been an Assistant District Attorney
since June 4, 1910, having been ap-
pointed by District Attorney Whitman.
He said that he first met Henry the
latter part of February, 1918, when the
lsrter had come to ask about the arrest
Of Leon Sobel. who owned several
houses on Manhattan Avenue used for
disorderly purposes.
@Did Mr.. Hines introduce you to Ine.
spector Henry on February 9, 1882"
asked Mr.. Rand.
Never" was the emphatic reply.
"Did anybody introduce you to In
spsstor. Henry?'
Mr. Rand then read from Henry's tes-
timony before the grand jury his &C
count OF conversation he had with
Smith On February 9, 1918, and asked
Smith If such a conversation had taken
place
@Never," said Smith.
SIS there one word of truth in this
testimony"
"Not one word of truth"
He also denied that he had seen 1H-
spector Henry on March 9, 1918, at
Sixty-eighth Street and Broadway, or
lad any conversation with him on that
date.
Admits Attack on Police
In answer to questions by Mr.. Cock
ran, the witness admitted that he had
beer officially in state Of bitter con-
troversy with the Police Department
for three years and that he had given
interviews 10 newspapernen expressing
mis- opinion of it rather often.
he said that he did say that there