New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-07-17

that indicated tia tabout three hundred
of the circulars had been printed.
After this examination the Massa
chusetts and New York State authori-
ties looked for the immediate indict-
ment of Ella and Salsedo. But Salsedo
committed suicide, and when they in
quired of the Department Of Justice
if anything had been done to place the
matter before the grand jury Of Kings
County, where the, circulars were
printed, and also "L'Ordine" and DO
lence and the overthrow of organized
government, they were informed that
nothing had been done.
Two States Protest
The state authorities of both Massa-
tested against this. Chief Investigator
Simon of State Attorney General New
toms staff was detailed to take the mat
ter up with the Washington authori-
ties. Accordingly, on June IS, he tele-
phoned to Louis e. Post, Assistant Sec
rotary of Labor, and followed this up
with letter confirming his talk over
the telephone. The letter read, in
part:
'In March Of this year the Massa-
chusetts prosecuting authorities and
the New York State authorities in
vestigating the activities of the
anarchists presented what we had
gathered in the investigation of the
anarchists to the Department of
Justice. William J. Flynn took per-
sonal charge of the investigation.
attended four or five conferences with
Mr.. Flynn, who examined witnesses
that | had produced, and other evil
dence l offered concerning Ella and
his friend Salsedo. For some unknown
reason Mr.. Flynn has refused to CO.
operate with me any further and has
refused to permit me to inspect the
statements made by Ella and Salsedo."
The letter concluded with request
that the deportation, which was set for
June %, be held up at least until an
attempt could be made to present the
case to the District Attorney of Kings
County so that it might be submitted
to grand jury and an indictment
found.
Mr.. Post at once wrote back, saying
that the order for deportation had been
extended to July % (next Thursday,
and adding:
at is not the intention of this de-
partment to permit the order of de-
portation, which has been entered
against Roberto Ella, to operate in
such way as to protect him from &C
ton under any criminal statute"
Mr.. Post also inclosed copies of the
records in the case showing that none
of the evidence and testimony produced
at the examination of the Canzanis had
ever been transmitted to the Depart
ment of Labor.
eff the Department Of Justice desires
hearing on the case" wrote Assistant
Secretary Post, "in any Of its aspects
oy the secretary, one would doubtless
be ven upon application therefor"
A Premium on Crime
On June Is the matter was presented
to District Attorney Harry E. Lewis
of Kings County. One of the directors
of the Brooklyn District Attorneys
Office said to Simon:
Let Ella be deported. What will be
accomplished if we convict this man :!
He may be convicted of criminal an
archy and probably sentenced to the
Sing and then be deported"
Simon replied that this was placing
a premium on crime, and that it might
be that indictments against some Of
the gang for murder would be OBJ
tanned
Three days after the matter had been
submitted to the Brooklyn District At
torney, an assistant who had been as
signed to the case, said that he did not
believe there was enough evidence to
warrant prosecution
One of the best legal authorities on
anarchy and sedition in this country
and noted prosecuting officer, in
comment. said:
The hand of the Department of JUS
tlce is evident 1t does not want to
put Ella on trial for fear it might
develop that the evidence was obtained
by other agencies than their own. |
have carefully examined the evidence
IN the case. At least three indict-
ments could be obtained before a
Brooklyn grand jury against Ella for
violation of the criminal anarchy
statute. The case is clear against him
for publishing plain Words which
openly in precise terms advocated
Wholesale murder and slaughter of
American officials, and for publishing
L'Ordine' and 'Domani,' which openly
advocated violence ard the overthrow
of organized government"
LOO Hogs Perish in Fire
KANSAS CITY, July 16.-Eleven hun
dred hogs persisted July in fire that
destroyed large barn on The T;rl