New-York tribune., 1920-05-19
Saviners DENY
Paying Smith
A $4,000 Bribc
Brothers Who Figured in
Charges Made Public Ivy
s2;ssnfield Giv5. AMdavi!s
Exonera.;ng Prosecutor
Fc-ger Used as Witness
Swami Aid Promises New
Sensations; Commissioner
Defies Action for Libel

Fiat denlalS in the form OF sworn
affidavits from the persons said to be
involved constituted the answer As
sistant District Attorney James f.
Smith made yesterday to the graft
charges contained in testimony Com
missioner Of Accounts Hirshfeld al
legged was taken before him.
Max and Louis Saviner, proprietor
and bartender in the saloon which was
raided as q disorderly house in 1918,
swore they did not know Jacob l.. Gold
man. one of Hirshfield's witnesses, and
that their slight acquaintance with
Bernard Freedman, alleged by Goldman
to have paid corruption money to Smith,
was sufficient to convince them that
he was "a bum"
Goldman, according to the transcript
of his testimony made public by Hirsh-
field, declared that Smith received
$4,000 for Quashing the case against
the Saviners.
Time to Act, Says Smith
Goldman admitted according to the
transcript given out by Hirshfeld, that
he was pick pocket. forger and bur
glar.
This is not time for words. but
for action,' Mr.. Smith remarked yes
terday after the Savincr brothers had
made their affidavits. II am going to
take action. This astounding develop
ment will lead to the biggest sensa-
ton that has broken so far in the
efforts to expose official corruption.
This whole thing is only being done
to discredit me. The Police Depart
ment to-day is dominated by men who
figured in the Becker case. and it is
only a question of time when their
Identity will be disclosed"
Nothing would tickle me more" "
was Commissioner Hirshfield's com
ment, when he was informed of Mr..
Smiths threat to seek his indictment
on a charge of criminal libel 81 would
like to appear in court in case in
which Smith was the complaining wit
ness, so that | could ask him about
certain matters that have come to my
knowledge. Smith played his trump
card in the Dominick Henry case and
fell down"
Both Louis Savner and Max Saviner
deny emphatically in their aftidavits
that Bernard Freedman ever worked
as bartender in Max Savincr's sa-
loon. Max ran the place and Louis
charge, tended bar.
The Saviner Affidavit
Louis's affidavit continues:
"Deponent was arrested in 1912 and
jumped his bail and went to Florida
He did not see or talk to Bernard
Freedman before he went away, and
did not at any time give him any
money.
II cannot read or write,' the state
ment goes on, $50 | do not know what
appeared in the papers this morning.
| have been told what the account is
that I gave Freedman $4,000 to give to
Assistant District Attorney Smith
and that statement is a lie. | never
gave him a cent"
Max Saviner's affidavit agrees with
mans character and to his absolute
lack of acquaintance with Goldman,
and contains the following significant
statement concerning Freedman:
Il have not seen Freedman at all for
the last six years except on one oc
casion about six or seven weeks ago,
when he came uptown to the moving
picture place. He called me aside and
said: There's a little money for you
TO make l said, What money!
"He said: You remember Mr..
Smith broke you in the saloon with
LOUISE | said, We'll, what is it?' He
said:
Let us 60 down and make ahidavits
that we gave money to Mr.. Smith.
There is money to be made | said to
Freedman:
"'How can l go to work and tell a
lie like that?' Then he said again:
"'Well, there is money to be made.
said:
81 am not looking for making such
money!"
Grochl Conducted Case
1t developed yesterday that Former
Assistant District Attorney Frederick
Groehl, and not Mr.. Smith, was in
charge Of the prosecution of Saviner
Mr.. Groehl came to the Criminal
Courts Building yesterday and made {
statement in which he declared that
Smith was cas- clean as a baby and
that Goodman and Freedman are the
worst liars in Great on"
Mr.. Smith declared he had never ir
his life spoken to Golrman or to Joe
Siverman, who, according to the testi
mony llirshfield gave out, introduced
Goldman TO the Assistant District At
torney. Goldman said Silverman was
Smiths go-between, engaged IN locat
ing disorderly houses that would pay
Tor protection.
/ It was also learned yesterday that one
of the Savlners at one time made com
plant for alleged forgery against jacob
Luban, witness in the Becker case.
This incident took on Importance ir
view of the statement District Attorney
Swami made yesterday in relation tc
the charges against Mr.. Smith. Mr.
! Swami said:
II would like to know what Com.
missioner Hrschield's purpose is ir
bringing these charges at this par.
/ tlcular time, just as Mr.. Smith, whom
have assigned to the police investiga
ton, is bringing his prosecution. Is il
possible that Commissioner HirschfielC
may become frightened and Quit, OF
does he think he is performing some
public service?
'The charge, if true. is outlawed. as
it is eight years old by the Commits
sloner's own admissions In any
event, why did he not permit Mr.. Smitl
to testify in defense of himself anc
| call the Saviner brothers, who are
charged with making the payment?
The two persons upon whom Mr.
Hirshfield is depeMing are ex-convicts
and belong to Jacob Luban's school OF
perjury Any one who will permit Lu.
I ban to run stuss games in New York
can, in return, get from his school OF
any kind of perjury on any kind OF
case, You will recall that Luban w2S
sentenced to twenty years in SING
Sing for forgery and was pardoned b\
Governor Whitman Tor what he did in
~,