New-York tribune., 1920-01-20
to Get
Jury Record in
L.R. T. Inquiry
1ustice Weeks Authorizes
Part of Minutes Referring
to Hylan's Charge of Trac-
ton Strike Plot Published
Rehukes Swami Assistant
ralley Seeks to Suppress
Dismissed Case and Is
Told Not to Make Speech

supreme Court Justice Barlow S.
Weeks authorized yesterday the publ
.st;on Of that part of the minutes
~ the extraordinary grand jury
concerning the charges made by
Navor Hylan that officials of the
rnterborough Rapid Transit Company
had conspired with employees to bring
abou. the subway strike. The charge
uas dismissed Wednesday. The min
utes will be made public to-day. JUS
tjce Weeks's decision was made over
the opposition of Alfred ]. Tulley, As
sistant District Attorney, who argued
last week that none OF the minutes
should be made public unless the ruling
extended to all cases other than Grim
inal anarchy cases.
Mr.. Talley, VINO was cut short in
court yesterday in the midst of what
Justice Weeks characterized as a
speech" gave out a statement later,
in which he asserted that the minutes
to be published showed that there was
no "overshadowing crime" Any evi-
dence relating to the "overshadowing
crime" he declared, would be connected
with the investigation into the alleged
traction conspiracy.
No Evidence, Says Talley
The minutes contain not one scin-
tila of evidence" declared Mr.. Tallev.
10 Justify the charge made by Mr..
A!mlrail (grand jury ioreman) that
IneIe was an 'overshadowing crime.
There is not line of evidence to JUS
tify his charges of official misconduct
on the part of any public official"
Although Justice Weeks said in his
decision that all the evidence relat;no
to Mayor Hylan's charge of con-
splracy was to be made public. he
made II clear that evidence concerning
va lous other matters, even the con-
ouct OF member Of the District At
torneys staff, was withheld because
lnvesrgatlon along those lines still
I5ere are now pending before the
grand jury he said, "a number of
oIAer proceedings which are uncor,-
p3.eted, and at least one of which is
directed against a member of the staff
OF the District Attorneys Office"
Certain letters" referred to in tine
N inlifHteS dealing with the alleged trac-
ton conspiracy also would be withheld
Justice Weeks said, as they formed the
oasis OF separate investigation.
Alleged Stock Deals the Basis
MIR. Talley said in his statement: ut
appears by the opinion Of Mr.. Justice
Weeks that the basis of the charge
o. the oVershadowing crime was two
anonymous letters - one received by
MI Justice Weeks and one by Mr.. Al
mlrall - relating to short selling of
sons"
Reference to this was made by Mr..
alley last week in his argument ou-
rosinC the application TO reveal the
evidence taken by the grand jurv-an
argument for which he was SEVERELY
criticised yesterday by Justice Weeks.
Mr. Tal.ey declared that Justice Weeks
had assigned Assistant District Attor-
ney McQuaid TO hunt down evidence of
the alleged short selling and had or
derel Mr. McQuaid not to tell the Dis
trlct Attorney anything about his quest.
This was denied by Justice Weeks,
Who declared IN his opinion yesterday
'"oe .4C ii<iQ oilON'I CIlc dIOI NOUS lcL-
ter 10 District Attorney Swami; that
the matter was brought to the atten-
ton OF the grand jury BY the the Dis
trio. Attorney, and that Mr.. McQuaid,
a member of the District Attorneys
staff, was assigned to the inquiry, ain
the course of which the court never
had any reason to believe thai the
District Attorney was not kept fully
advised Of the purpose of the investi-
CATION being made by his own assist
ant
Court Rebukes Official
'In granting this application" said
Justice Weeks, the court feels that it
ls its duty to record its official disap-
proval Of the conduct and language Of
the Assistant District Attorney upon
tho argument. The only reason he was
permitted to conclude such an argu-
ment and IA file the affidavits in the
form n which they were presented,
containing matter 80 manifestly irrela-
tive as to indicate an ulterior purpose
wholly foreign to the proper one of
assisting the court in the disposition
Of the application, was to avoid the
possibility OF any suggestion that the
power Of the court would be used to
creycr> a <,1 Dreson+ation If anvt thire