The New York herald., 1920-01-17

ing in stock by the District Attorney or by
the Mayor, whose charge against the In
terborough officials of having fomented
the strike of their employees as a part of
their propaganda to force an eight cent
fare upon the public was pending before
the Grand Jury. This investigation in
Wall street was conducted solely under
your supervision and direction. At the
same time you were personally communi-
eating with officers and committees of
the Stock Exchange in an effort to dis
cover some instance in which the Mayor
or the District Attorney had dealt in
traction stocks.
'At no time while Mr.. McQuaid was
acting under your direction did he report
to me, but only to you. While you were
making the investigation in Wall street
against the public officials who were pre-
senting the evidence against the Inter-
borough and while you were holding
numerous private conferences with Mr..
Almirall, of the Extraordinary Grand
Jury, without the presence of the Dis
trict Attorney and without the presence
of any other member of the Grand Jury
and without afterward disclosing the sub
stance or subject matter of the confer
enccs, the foreman was making indirect
charges of an 'overshadowing crime
against the Mayor and the District At
torney while the charges against the In
terborough were before the Grand Jury.
Justice Weeks ordered the affidavits and
the copy of Mr.. Swann's letter filed. He
announced he would consider the motion
of Mr. Talley to have all the proceedings
Of the Grand Jury in the traction inquiry,
the "overshadowing crime" and all the
other inquiries still pending before the
body made public. 1t is expected he will
make known his decision in the matter
next Monday
Cites Three Facts.
why these things were done while the
charges against the Interborough we're
pending is in the exclusive knowledge of
those by whom they were done.
II called your attention to the follow
ing facts:-O That the foreman of, the
Grand Jury had formerly been under re-
tainer at $500 per month for three years
by one of the chief subsidiary companies
OF the Interborough, 9S per cent Of whose
stock was owned by the Interborough, and
whose officers and directors were identi-
cal. and that these officers were under
charges before the Grand jury. (2) That
the bankers who financed traction in Man.
haitian had mortgage on the publishing
business which was being managed by
the secretary of the Grand Jury. might
add here that the secretary Of the Grand
Jury is a member of the Bar of Nebraska
and of Colorado, and that the clerk Of the
Grand Jury is the brother-in-law and for
mer partner of one of the Board of Gov
ernors of the Stock Exchange, and a for
mer president of the same, who is greatly
interested in traction. and is an insistent
advocate of the demand of the Inter-
borough for an eight cent fare. in viola
tion Of its contract with the city under
which they operate the city owned SUBJ
way.
Il also cal, ed your attention to the fact
CD that the counsel for the Interborough
had appeared for the accused officials in
answer to these charges, and that your
son, who is in the office of this attorney,
had at his request procured transcript
oe the court minutes of the District At
torney's application to the Court for per-
mission to present evidence against the
Interborough officials.
You are now seeking to investigate the
cases in the Court of General Sessions
where the District Attorney made written
recommendations, approved by the judges
OF ehat court of bail discharges or dis
missal of indictments for reasons which
seemed good and sufficient in law to the
District Attorney and the judges. All of
the records of the office are open to you
and you will be given every opportunity
TO make your personal investigation"