New-York tribune., 1920-03-28

that the appointment has met with the
approval Of Mr.. Almirall and The other
members of the extraordinary grand
Jury. as well ~ Of Colonel Rand. An
other assistant to Colonel Rand is still
to be appointed.
Mr. Smyth was an assistant district
attorney under the Administrations OF
District Attorney Jerome. At that
time he was regarded as one Of the
abiest lawyers associated with the
District Attorneys ofRce.
Mr.. Smyth will be on hand on Tues
day when the grand jury begins its in
vestigation. 1t was reported last night
that he will take charge exclusively Of
the investigation involving Assistant
District Attorney Smith.
Mr.. Smith fired his daily shell into
the Police Department. yesterday
when, in speaking of the vice and gam
bling conditions prevailing under the
protection Of the police, he said that he
was investigating information that has
come to him, that during the six-day
bicycle race in Madison Square Garden
crap games were in progress on four
different nights, and that "the satur-
MALTA Of gambling" ended in =
ing the races in which blAckjacks were
used and score of heads broken.
Gambling Charges Made
Mr.. Smith said he did not have suffi-
cient evidence as yet to warrant him
asking for indictments, but that he
hoped to get sufficient evidence to
bring about the indictment Of police
officials "higher up" who. accorain> to
his information, protected the games.
Mr.. Smith said that fifty persons
- hn
which 100000 changed hands. One
man, according to Mr.. Smiths informa-
tion, won $4,000 one night, while an
other lost $60000 both men being un-
der the protection of man higher up
at Police Headquarters. Mr.. Smith said
that he first obtained information about
this gambling when one man was re-
fused permission to participate, and he
raised cry Of protest.
Mr. Smith was asked whether ne
knows how much protection money was
paid out. He replied:
'If an underling got $4,000, what
did an overling get?"
AS the reporters were leaving Mr..
Smith added:
"Mark down and carry A."
Persons familiar with Mr.. Smiths
cryptic phraseolegy interpreted this to
mean 100000
Smith Explains Testimony
Mr.. Smith at his home last night
made the following statement:
"A report has been given .publica-
tion to the effect that l acted in bad
faith before the extraordinary grand
jury when that body was in session
sitting the charges against the police
a couple of months ago. 1t is sug-
gested in the publication that I am to
l. 70
present certain facts to the extraor.
dinary grand jury at that time. I
want to answer that fully
SIN the first place, it must be re-
membered l now have certain informa-
tion that / did not have at that time,
but | want to say very emphatically
that | did lay before the extraordinary
grand jury every bit of evidence
had in my possession when l was be-
fore that body. Nothing l had was
kept from the members of the jury
Anybody who suggests that did not
frankly and fully lay everything be-
fore the grand jury is not familiar with
the facts.
"The extraordinary grand jury, so
far as I have been able to learn, did
not complete its inquiry into gambling
and vice conditions when it went into
recess. That it will take the matter
up again | feel certain.
s'It is also suggested or limited that
| am to be asked why ! did not tell the
grand jury that I had the red book
IN my possession
"Let me say right now that did tell
book and that that book was at the
disposal of the members of the grand
jury at any time they wanted it, and
will be available to them again.
Doings of Police Noted
the doings of members of the Police
Department, of police officials and of
persons in the underworld. In it are
Jotted down items about the meeting
of certain officials of the Police De-
partment with crooks, gamblers and
women of the underworld, together
with information supplied to me about
what is alleged to have occurred at
those meetings.
"Of course, it would be presumptuous
for me to say what the members Of
the extraordinary grand jury may or
may not ask me. But since the impress
sion is created that that body ques-
tions my good faith in the matters I
presented to it, | feel that / can say
from my knowledge of the facts that
this is wellnigh absurd.
II most emphatically say that no
member of the extraordinary grano
jury believes that l acted in bad faith
in presenting the police matter to it.
/ believe the members of that body re-
alize fully the hard, uphill fight it has
been to get concrete evidence on which
to base indictments that would be up
held by the court. Progress is being
made, however, and the police alliance
with the underworld is bound to be
broken up.'