New-York tribune., 1920-05-23
Alnlirall jury
To Scrutinize
Graft CHARGE
Hirshfeld Accusation of
James E. Smith To Be
Taken Up on Wednesday:
Quick Action Promised
Hearst Story Erroneous
Swami Denies That Assistant
Attorney Under Fire Will
Participate i'll the Inquiry

The Almirall grand jury will inquire
isto the charges Commissioner of Ac-
counts Hirshfeld has made against
lanes E Smith, Assistant District At
t.exney, and the manner in which
Hirshield and other members of the
Hylsa administration obtained the
testimony" upon which they base the
sccusations.
This announcement was made yester-
day after conference among District
Attorney Swami, Alfred J. Talley, chief
Assistant District Attorney, and Will
lam Rand, special Deputy Attorney Gen
e-aL who has been acting as counsel to
the extraordinary grand jury in its in
vestigation OF the District Attorneys
Office.
When Mr Swami decided Friday to
institute . John Doe probe of Hirsh-
fields assertions that his assistant had
protected vice and gambling he planned
to lay the matter before the Nav ad-
ditional grand jury. Subpenas were
issued for Hirshfieids chief clerk,
James NcGinlev; John P. O'Brien, Cor
poration Counsel, and several other per-
sons to appear before that body this
morning.
Swami Insists on Action
Yesterday Mr. Rand informed the
District Attorney that the extra ordi-
nary grand Jury already had sent out
subponas in relation TO this matter,
ana Mr.. Swami consented TO let the
Almirall inquisitors handle the case.
TAis agreement was made, however. on
the understanding that the inquiry
should be started Immediately and
pushed to the speediest possible con-
clusion.
One reason for the District Attor-
ney's desire to have the Hirshfeld-
Smith dispute settled expeGitiously is
that the police and vice prosecutions
may be gone on with. The second trial
OF Augustus Drum Porter. former Third
Deputy Police Commissioner, who is
charged with neglect of duty, which
was set for yesterday before Judge
Malone, will be continued. Mr Smith is
handling the prosecution Of this and
the other police eases.
Charles S. Whitman, former Gov
srnor and former District Attorney.
said Yesterday that he would demand
an immediate Investigation of the
charges against him contained in a por-
l..
man, given out by Commissioner
Hirshheid. Goldman, an ex-convict
and self-confessed perjurer, pickpocket,
forger and burglar. is quoted in the
Hlrshfeld transcript as declaring that
Whitman used him to frame up" false
testimony against Police Lieutenant
Charles Becker, who was executed for
the murder of Herman Rosenthal. 1t
Is likely that Mr.. Whitman Will be r
witness before the extraordinary grand
igrT
! Gofdman and Bernard Freedman, who
vsfc recently arrested for perjury dur
6 q trial in the United States District
Court, have furnished the sworn asser-
lions upon which Hirshfield bases mos
Of MS accusations against Smith.
Misled by Newspaper
Taking his cue from a Hearst news
paper, which had mistakenly stated
Yesterday morning that the intention
was to have Assistant District Attorney
Smltn himself conduct the investiga-
ton Of the Hirshfeld charges before
me May grand jury. Hirshfeld wrote a
long letter yesterday TO Mr.. Swami pro
testing against this imaginary injus-
tice.
At the time he indited this epistle
me Commissioner was unaware that
Mr. Swami and Mr. Rand had agreed
to transfer the case TO the extraordi-
ssiary grand jury. Accordingly, he wrote
'na' 1T would be more satisfactory to