New-York tribune., 1920-01-15
Jury Dis1nisses
Hylan's Charge
OF /. r. T. Plot
Almirall Panel Also Drops
Allegation of ''Intimida-
tion" in 8-Cent Fare and
Calls Newton as Counsel

Calls Newton as Counsel
The extraordinary grand jury filed a
presentment yesterday with Justice
Weeks officially dismissing Mayor
Hylan's charges that the Interborough
Rapid Transit Company had conspired
with its employees to foment the sub
way strike of last summer.
The jury, which also dismissed the
Mayors additional allegation that a
conspiracy existed to intimidate him
and other officials into giving the COM
pany an Scent fare, suggested that
the secret minutes dealing with it's In
terhorough inquiry be made public.
The jury, which is investigating the
"overshadowing crime" District Attor-
ney Swann's Office and the Hylan ad-
ministration, followed this action by
carrying its fight for counsel independ-
ent of Mr.. Swann's office direct to
the Attorney General of the state over
the head of Governor Smith.
Jury Calls Newton as Counsel
In letter dispatched last night to
Attorney General Charles D. Newton
the jury, through Raymond F. Almirall,
its foreman, states that the Attorney
General has common law powers to ap-
pear before grand juries and prosecute
criminal offenses on his own initiative.
The panel calls on Mr.. Newton to
exercise his constitutional preroga-
tive" and appear before it as its legal
adviser in it's allied. inquiries. Governor
Smith, to whom the jurors have ap-
pealcd several times for independent
counsel, has declined thus far to des-
ignate the Attorney General as grand
jury pilot.
Jury Refuses to Prefer Charges
The panel also sent lengthy letter
to Governor Smith last night.
This letter apparently was the jury's
that it submit definite charges against
the District Attorney if Mr. Swami was
to be supplanted as the panels legal
adviser.
The jury declines fatty to prefer
charges against Mr.. Swami to the Gov
ernor, as suggested by Mr.. Smith. 1t
charges the Governor with "evasion
Of the issue" and declares that neither
the law nor public interest requires
it to comply with the Smith request.
The Governor has ample powers under
the law to appoint the Attorney General
without the preferment of definite
charges, says the panel.
Crticising delays IN it's work because
Nf 81 Al.
SUCH" the jury says:
purpose to circumvent the investiga-
tions initiated by camouhaging the
facts and wearing out or discrediting
this grand jury is discernible."
"Public Misapprehension" Charged
The jury also accused the Govern or
of causing public misapprehension" in
regard to the circumstances surround
ing the naming of George Gordon Bat
tie and Joseph M. Proskauer as special
legal aids to the panel. Both lawyers
eventually withdrew.
Foreman Almirall's letter to Attorney
General Newton stated:
"Thc grand jury is Of the opinion
that the Attorney General retains un-
der the Constitution his common law
powers to appear before grand juries
and prosecute criminal offenses on his
own initiative. The extraordi-
nary grand jury therefore begs to re-
quest you, the Attorney General your
the constitutional prerogative Of the
Attorney General, to appear before it
~ the capacity of legal adviser and
counsel to it, and in this connection to
conduct the Investigations and to
prosecute the criminal cases with
which it is or may become concerned"
No Proof Of Charges
The letter to Governor Smith said {:
During the past month numerous
municipality have. been received
additional complaints affecting the
Offices Of the District Attorney and
which emphasize the need of the grand
jury Investigations already initiated.
They are of sufficiently serious char
acter to justify, if not imperatively
demand, conscientious investigation"
Continuing the letter rehearses the
preferment of the dismissed strike con-
spiracy charges and the fact that when
the charges were first made the
Hearst papers loudly heraldcd the
sensation to come"
High officials of this county
(whe ther or not as puppets of the
MASTER TRICKSTER) have publicly
charged Infamous crimes against citi-
zens, humble and otherwise, Of which
not one word of proof has been
brought before u.s." says the letter.
They have attacked the Federal judi
ciary; they have decried the ancient
institution of the grand jury; they
have created nnimus md disorder
harmful and injurious to the public
welfare.
sinister Appeal to Dissatisfied"
Such abuse is in itself intolerable,
If not unlawful. in any civilized COM
munity; it is reckless and sinister
appeal to the dissatisfied elements in