New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-05-22
TO Force
Showdown i'm
Graft Charges
Hirshfeld's Accusations Will
Be Investigated by Grand
Jury Next Monday; All
Records To Be Produced
Witnesses Subp@naed
Men Quoted as Saying They
Paid Money to Have Case
Dismissed Will Testify

Assistant District Attorney James E.
Smith decided Yesterday to force a
showdown from the spokesmen Of the
Hylan administration, whose attacks
upon his probity are actuated, he as
serts, by a desire to force him to let
up in his police and vice prosecutions
Following a conference with District
Attorney Swami, Mr.. Smith made
known that subpenas had been issued
for the appearance before the May ad-
ditional grand jury Monday of John P.
O'Brien, Corporation Counsel; James
Mckinley, chief clerk to Commissioner
of Accounts Hirshfield; Frederick J
Croehl, former Assistant District At
torney, and several other persons.
Mckinley and O'Brien will be or
dered to produce before the grand jury
all records in their possession that
bear in any way upon the charges of
Hirshfeld that Smith has taken graft
FOR protecting disorderly houses and
gambling dens.
Porter Trial Postponed
Pending the grand jury inquiry, it
was announced that the second trial of
Augustus Drum Porter, former Third
Deputy Police Commissioner, charged
with neglect of duty, which was set to
begin in General Sessions next Mon
day, will be postponed. Among the
Hirshfeld accusations against Smith
was one that he tried 30 frame up
witnesses against Porter and Police In
NpectOr Dom mick Henry
The records TO be produced will In
dude all the testimony which Bernard
Friedman and Jacob L. Goldman have
given before Hirshfield and O'Brien,
relative to Smith. Hirshfeld has been
living this testimony piecemeal to the
public for the last week. He said he
had enough of it to run in daily in
stallments for month.
1t was strongly intimated about the
Criminal Courts building yesterday
that the forthcoming grand jury probe
may result in indictments against cer(
tain persons on charges of conspiracy
or subornation Of perjury.
Max and Louis Saviner, who, accord
ing to Fredmen's testimony before
Hirshtield had disorderly house
charge quashed after paying money to
Smith, have also been subpoenaeds to
appear. Mr.. Groehl was the Assistant
District Attorney who handled the
Saviner case and he has already stated
that it was Smith who insisted that
Louis be given jail sentence.
Calls 1t "Fishing Expedition"
Until now all phases OF the vice in
vestigation have been presented by
Mr.. Smith to the March grand jury.
1t was decided, however, that another
body should undertake the probe of the
Hirshtield charges in order that no sug-
gt stion of undue friendliness toward
Mr.. Smith can obtain.
Commiss ioner Hirshield did not hear
the news of the countero offensive by
the District Attorneys Office with any
marked enthusiasm. He said it was a
"fshing expedition" and should be di-
rected either against himself or some
other individual, not conducted as a
John Doe investigation.
Declaring that Commissioner Hirsh-
field is "prejudiced, partial and un-
fair judge" the Rev. DR.. John Roach
Straton last evening issued state
ment explaining why he refuses to
testify on vice conditions before the
Commissioner. Thursday Hirshfield
threatened to send the preacher to
jail if he declined to answer questions.
81 will not allow the cause of truth
and righteousness in this city" the
statement reads, Ito be injured by ap-
pearing further before Commissioner
Hirshfeld or being party to his
frantic but amusing antics in his eff
forts to discredit the hard and honest
work which has been done to over
come lawlessness and better moral con-
ditions.
"If he can send me to Jail for these
things, then to Jail I will 60"