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

]. Talley, took great care to see that
only the flower of the Grand Jury panel
got on the rolls of the court Impor-
tant things were to be accomplished
he said. and he wanted only the best.
Almirall was chosen as the foreman
but 1t was not long after the jurors
got down to deliberations that friction
arose.
Protection for HyIan.
Swami accused Almirall and Almirali
accused Swami. Then II came out that
the Jurors had uncovered what was
termed 1.-THE overshadowing crime" that
lowered over the office of the District
Attorney. Conditions had become such
that the jurors did not care~for the
legal opinions OF Swami and some OF
his assistants. 1t developed largely while
the PETERBOROUGH matter was being
delved into. Swami and Talley eX-
amined the witnesses. So did the jurors
themselves. Finally It appeared TO the
Jurors who wanted light on certain
phases OF the case that Swami wac ap-
parently trying to protect Mayor Hylan
and some OF the witnesses called.
II finally came to the point where
Swami advised a witness being ex-
amined that he need not answer the
question put by juror. 1t appeared
strange at that time and the Jurors
were nonplussed. However, they Kept
at il. In report of the proceedings
made public by Justice Weeks an IN
sight into Swann's methods Is gwen:
The Jurors had heard Mayor Hylan and
were particularly interested In an open
letter he wrote to the strikers. IL nag
since developed that Hylan oid not
compose all the sentences USED IN the
public appeal and that victor watson,
a newspaper man. had collaborated
With him In making up this document
that has since got the Mayor CONSIDER
able notoriety.
On page 252 OF the minutes taken be-
fore the Grand Jury Swami appears TO
he present when Watson is called 10
testify. After the preliminarfes have
been gone over one OF the jurors asked
Watson:
what is the first public letter you
ever wrote for the Mayor"
Talley objected to the question and
Swami came 10 the aid OF his assistant
and said Excuse me, gentlemen, you
have not the latitude 10 inquire into
mans private affairs or the Mayors
either. am the adviser OF the Grand
Jury on points of law and / advise you
that your jurisdiction Is Just as limited
pose of inquiring into any personal
opinions"
Jurors Questions Baked.
There followed a lengthy discussion
az to whether the stenographer should
take down what was being said on the
subject. One of the Jurors declared his
purpose in asking the question was to
show that Hyan's letters were prepared
by some outsider. Then this question
was asked:
What is the first document you pre-
pared for the Mayor"
Swami at once objected, and the fore
man said he could see nothing harmful
in this line OF inquiry. But Swami
persisted and finally advised Watson
that he need not answer the question.
saying: "You are entitled to privileges
and inTmunities when you are before
the Grand Jury"
Watson took the cue and announced.
according to the record:
II decline TO answer the question In
that form on the ground that 1t is not
relevant to the issue as I understand
it,"
But the Juror was not satisfied with
the answer and repeated his question,
to which Watson finally said: II have
written articles for various Mayors"
Q. 81 am asking about this Mayor"
pursued the juror
A. II decline to answer" was the re-
tort Of the witness.
Much time was spent by the Jurors In
trying to get some concrete and legal
evidence against Frank Hedley and his
associates, but ii was not forthcoming.
and the jury finally kicked the whole
49, ~. =
body or anything.
In the latter part OF November the
Grand Jury had finished the INTERIOR
ough investigation and. deciding 10
throw the complaint Of conspiracy out.
filed a presentmenS TO the court II had
to do with Swami and his office. In this
document, which Swami tried TO have
cxpunged from the records. HIS Office
came In for censure. The Jury asked
for relief OF the legal assistance OF
Swami or any member OF his staff
/ From time to time the feelings between
Swami and Almirall made themselves
known when one or the other made per-
sonal attacks that were promptly re-
layed 10 the newspaper offices.
Finally matters reached such state
that the Governor decided to supplant
Swami and his staff and start the
Grand Jurors Off with new counsel to
look into such matters as concerned
SWANS office and other public msy-
ters. Az a result Smith and Kiroe
have been presented TO the court and
are now on bail awaiting the DISPOSE
tion Of their cases
4 Indicted Men Keep i'm once.
There has been OF necessity a great
deal of delayN Smith has been under
indictment since June 20 last for con-
spiracy liilroe was indicted on No
vember II for conspiracy. Both are
$500 year men on the STAFF OF the
District Attorney and both are stlil on
the payroll. neither having been relieved
OF his work In the greatest criminal law
office In this country.