New-York tribune., 1920-02-20
Attorney General, Named
to Assist AImirall Panel.
Will Study Minutes Be-
fore He Outlines Scope
Will Need Deputy;
Has Not Picked Man
Judge Wadhams Relieves
Regular Grand Jury
From Kilroe Inquiry

Governor Smith yesterday formally
designated Attorney General Charles
ID. Newton as special counsel to assist
the extraordinary grand jury in its
prosecution Of charges against mem
bers OF District Attorney Swann's staff
he orderd the Attorney General to
attend in person or to designate one
OF his deputies to appear before the
Raymond F. Almirall panel and con-
duct the proceedings in connection
with that body's accusations of mis-
conduct in office against Assistant Dis
trict Attorneys John T. Dooling, James
E. Smith and Edwin P. Kilroe.
The designation was made in
pursuance of Section 62 of the
executive law. 1t specifically con-
fines the work Of the Attor-
authorizes him to conduct any prose
cution or trial that may grow out of
indictments against the accused men.
Governor Informs Mr.. Swami
Governor Smith sent word of the
designation to Mr.. Almirall, who asked
for the services of the Attorney Gen
eral, and to District Attorney Swami
His letter to Mr.. Swami said:
"This order has the effect, as you
are we'll aware, of superseding you in
the above mentioned transactions"
Word of the Governors action was
conveyed to Mr.. Newton last night al
the Murray Hill Hotel, by long dis
tance telephone from Albany. The At
torney General said he would OBJ
tain the minutes of any testimony
the grand jury may have taken in the
proceedings against the three men be-
fore he departs for Albany tonight
He added:
81 will study the minutes over the
week end and the Monday holiday and
by Tuesday l hope to have determined
on the scope Of this inquiry.
~ will devote all possible time to
this, considering the multitude of
matters before the Attorney General.
I will require the services of deputy,
but have not made up my mind as to
the man l shall Designate"
Mr.. Newton repeated this last sem
tence when he was asked whether he
would name Alfred l.. Becker, former
deputy attorney general, as his aid.
Mr.. Swami has charged that the grand
jury wanted Mr.. Becker SO that it
might "hnd something on William
Randolph Hearst and remove Mayor
Hylan, in the hope that the INTERIOR
ough might get an eight cent fare"
Out of Regular Panels Hands
The other development in the grand
jury situation came in General Sessions
in the afternoon, where Judge Wadhems
declined to permit the regular grand
jury to pass upon charges against Mr..
Kilroe.
The courts acton In directing the
regular panel to go no further in the
Kilroe matter led to the collapse of
Mr.. Swann's efforts to obtain the ex-
oneration of his assistant. Testimony
on the accusation against Kilroe had
been heard by the regular grand jury
the day before. Mr.. Kilroe was charged
with neglect and omission of duty"
by the Almirall panel for having de-
chned to ask Che Indictment of George
F. Montgomery.
1t had been rumored that the regular
jury would appear in court yesterday
and dismiss the Kilroe accusations.
A new angle in the Kilroe matter
came when James Emmett Finegan,
counsel to Insurance Commissioners
Thomas B. Donaldson, OF Pennsylvania,
who is said to have made the Kilroe
accusation to the Almirall jury, gave
out the text of letter, copies of which
he sent to Governor Smith, Attorney
General Newton and Justice Barlow S.
Weeks. Justice Weeks presides over
the extraordinary jury.
"It is my information and belief ~
the letter read, "that Mr.. Kilroe was at
all times ready, willing and anxious to
present the charges submitted to him
to the Grand Jury of the County of New
York, but that he was deferred and pre-
attitude Of the District Attorney, under
whose supervision and direction Kilroe
was working"
Mr. Swami himself said last night
Continued on page three