New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-07-02
Manley Quits
JuryPostUn
Fire of Swami
Rand Accepts Resignation
'Regretfully'' and Asserts
His Special Deputy Acted
Fairly in Bourasse Case
Calls Attack Unjustified
Prosecutor Alleges Almirall
Panel Has Intruded Self
in Other Civil Litigation

Robert e. Marley, who was accused
by District Attorney Swami for using
the processes of the extraordinary
grand jury to further private litigation
in which he was interested, resigned
yesterday as Special Deputy Attorney
General.
Following Mr.. Manley's resignation
Mr.. Swami asserted that the Bourasse
peared rs counsel for the plaintiff, was
not the only piece of civil litigation
the jury had intruded itself upon,
charged the body with playing politics
and predicted it would continue in ex-
istence during his tenure of Office In
the hope that it might get something
ION" him and Mayor Hylan.
Deputy Attorney General William
Rand, chief counsel to the extarordin-
airy grand jury, announced Mr.. Man
ley's resignation. Mr.. Rand said there
was nothing to Justify the inference
that Mr.. Manley used or sought to use
grand jury process in furtherance of
civil litigation"
MIR. Rand's Statement
Mr.. Rands statement follows:
The case of Mrs. Bourasse, involving
the settlement of certain matrimonial
suits and the dismissal Of charge of
bigamy, in which an Assistant District
Attorney participated, was brought to
the attention Of the grand jury months
ago. In May assigned it to Mr.. Man
ley for investigation. His sympathies
were excited by the wrongs to which
Mrs. Bourasse had been subjected, and
he felt that the protection of her rights
required the commencement of an an
n mi hot
should leave the jurisdiction.
He therefore prepared summons
and complaint, and served them on
June %. 1t was understood that Mr..
Manley was to receive no compensa-
ton. On Monday, June %, he caused
grand jury subpnnas to be served upon
Mr.. Bourasse and the lawyers con-
cerned. These witnesses were not ex-
amined.
"The fact that Mr.. Manley was acting
as attorney for Mrs. Bourasse was first
brought to my attention late last Tues
day afternoon. There is nothing to justi-
fy the inference that Mr.. Manley used
or sought to use grand jury process in
furtherance of civil litigation. Mr..
Marley has rendered his resignation,
which I have regretfully accepted"
When Mr.. Rand's statement was
called to the attention of District At
torney Swami. Mr.. SWAMI said
Mr.. Manley's act is but one of many
instances where the extraordinary grand
jury summoned before it litigants in
civil actions under the cloak of investi-
eating my office. The first of these
was when for three months they lis
ened to the testimony of Baston B.
Means and summoned other witnesses
and papers i'll matter that they knew
ha # "a.
Chicago.
Means had propounded an alleged
will in which there was involved be-
tween three and four million of dollars
and which the Chicago courts had de-
clared to be a forgery. Whatever NAV
have been the object in summoning
Means, it had the tendency at least to
help him in his efforts to establish the
validity of that will
"Ihe next case was that of sum-
monlng witnesses in the Hartoc and
Murphy controversy, when thew knew
that several suits we're pending in the
civil courts in which these two gentle
men were plaintiffs and Defendants"
Real Crimes Ignored
Mir. Manley was an assistant under
District Attorney william Travers
Jerome. Mr.. Rand, who is chief legal
adviser of the extraordinary grand
jury, is law partner of Mr. Jerome.
Mr.. Swami went on:
81 have the statement on the best
authority that the extraordinary grand
jury will continue in session as long
as Edward Swami is District Attorney.
They also hope to get something on
liayor Hylan and another person whose
name Ill not mention. The real crimes
against society, they seem to pay no
attention to.
ITO get back to Mr. Manley. 1t was
necessary for Mr.. Marley to fabricate
civil action of Bourasse agt. Bou-
rasse in order to investigate my as
sistant, Mr. Kilroe
This grand jury has already cost
the County of New York $125.OOO. 1t
is not proper or fitting that they ad
journ at this time until September in
order to accommodate their personal
comforts. and then reconvene in the
early fall just before the election, when
they know six or seven judges will be
elected"
The extraordinary grand jury will
meet again this afternoon.