The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-13

The M
tell counsel for Kilroe. who was iook7
ing for delay. that being public ofticer
and on the payroll he should welcome \
speedy determination OF the charge
against him instead of looking for an
extension OF time.
Smith has long been a close friend OF
Judge Swami. although II is known they
have differed radically from time TO
time on matters OF policy. Smith has
had the special assignment of prosecut-
ing police officers who fall from the
path OF rectitude. From time to time
he has announced he would purge the
uniformed police force OF every CRATER
in il. He has said he would put some
Of the men who had graduated from
the ranks and no longer wore the uni
form OF blue in jail. In these express
sions he has been backed UP by Swami.
1t all made good newspaper reading and
the District Attorney and his office we're
kept in the limelight. True, he has
convicted Police Inspector Henry of
perjury. His case is on appeal and of
course he Is not drawing a salary from
the city. In every case where Smith
has succeeded in enmeshing In the law
q police officer. be he high or low. that
man has been Immediately suspended
from duty and his pay automatically
cut off II after he is indicated he
desires to return to his job his back
pay is restored to him.
When Swami had to defend charges
against himself he did not quit his office.
but he used every agency connected
with it to bolster up his defence to the
charges. In due course OF time after
his whitcwash he put In bill TO the
city to reimburse his counsel for the
expenses incidental to the hearings.
This was paid.
Just at present Smith is assigned TO
Part I. of General Sessions. 1t is in
this part that all OF the defendants in
dicted in General Sessions are arraigned
for pleading. 1t Is this class OF persons
that Smith, now under indictment him
self. finds himself associating with.
Kilroe is in the bureau of complaints
and the bureau Of commercial frauds.
This department has been the cause OF
some trouble for the head of the office.
for Edward S. Brogan. who was for
merry at the head OF the bureau, quit
his Job because he said he did not have
free rein to do his duty.
The Indictment against Kilroe, filed
a couple OF weeks ago, joins in the COM
plant Louis f. Swarts, lawyer OF
4S5 Fifth avenue. and another. They
are charged with compromising felony
and conspiring to compound a felony.
The charges are an outgrowth OF suits
brought in October. 1919. by Mrs. Helene
Montrose Bourasse TO have her marriage
60 A,eth ss&1, IL
broker. annulled. The action was set
tied after 1t reached the office of the
District Attorney, and tM indictment
alleges that a payment of $4,000 was
made by agreement to delay and dis
continue further prosecution.
At the time OF the fling OF the In
dictment Kilroe said his conscience was
clear and Mr.. Swami came to his rescue
and offered to furnish bail for his as
sistant Mr.. Kilroe has been active In
the political affairs OF the Eleventh AS
sembly District, which is in the Column
bia College section Of the West Side.
During the war I<ilroe spent great
deal of time running down fake war
charities and much credit Is given TO
him for preventing wholesale crooked
ness along this line.
Just how much work Swami and his
staff has accomplished during their in
cumbency of this important office is
hard to determine. The District At
torney has not issued an annual report
since Dec. 81, 1917 Records from that
time down to the present have not been
compiled for public consumption. II IS
said in the Criminal Courts Building that
the standing calendars are very heavy
and that upward Of 1900 persons are
waiting to have their cases adjudicateu
by the courts. II is pointed out that the
District Attorney does not control the
calendars Of the court and must OF ne
cessity wait on the court for the trial
OF the actions that have been handed
to him by the numerous grand iuries.
Some of the judges have taken occa-
sion to reprimand the mead OF the office
for failure 70 he ready Tn December
OF last year there were ,267 bail cases.
representing a large number of de-
PENDANTS. for II frequently happens that
several persons are named in q single in
dictNert
The late Judge James r. Malone in
General Sessions once took occasion "a
say TO one OF Swann's assistants that
these old cases must be disposed OF. add
ing:
They must be upon the calendar and
lTltu aS tAptu4liplSlN rs pOSSlbIt. II
is reproach to public justice that
such cases should he allowed TO sleep
II means that the law farors the rich
and operates against the poor when
persons fortunate enough 10 be able
to furnish bail can go free while men
who cannot give bail must languish
In the Tomhe or other prisons This is
not justice and must stop"
The defence on the part Of the Dis
trict Attorneys Office has been that the
office cannot get its cases tried-thai
the judges have not been doing their
work Mr.. Swami was for several yearf
a member OF this court and knows the
work from both angles.
At the close or public business on
Friday last 81 appears from the records
OF the Office OF Edward r. Carroll. chief
clerk Of the Court Of General Sessions.
that there were tfs defendants In prison
and calendar OF i.4Ss on bail
At tho request OF TIE NEW YORK HER
AID Judge Swami caused 10 be prepared
a statement of the business done during
the years 1918, 1919 and for tho ten