The New York herald., 1921-08-12
TALLEY TURNDOWN
MEANS REAL FIGHT
Enemies of Boss in Tam
many Hope to Under
mine Leadership.
JUDGE URGED TO RUN
Friends Want Him in Pri-
maries as Independent
for the Bench.
JUDGE URGED TO RUN
SEE SLAP AT 'AL' SMITH
Ex-Governor Is Silent, but
His Appointee Is Fighting
Mad-May Talk Soon.

Enemies of Charles f. Murphy in
Tammany Hall yesterday seized upon
the rejection of Judge Alfred ]. Talley
for redesignation to the Court of Cen
eral Sessions as a possible way of
undermining the leadership of the
Boss" Friends of the Judge urged
him to enter the primaries as an in
dependent candidate for Democratic
nomination to the bench. While anti
Murphy leaders kept away from the
Judge, he received intimations that
he might expect to receive strong sup
port from those sources il he should
throw his hat in the ring.
Judge Talley would not discuss the
matter for publication. He was re-
ported to be fighting mad 1t was said
he might have something to say in
day or two. In this connection a re-
port was industriously circulated that
Tammany was reserving higher honors
for Mr.. Talley-a place on the Su-
preme Court bench next year, pos
sibly. That was looked upon as an
Offering of oil on troubled waters.
When Mr.. Talley gave up good law
practice to help straighten out the
District Attorneys office as first as
sistant, he has told friends, he re-
ceived assurances that he might ex-
pect to be considered for judicial
honors.
"AI- smith MOI Talking.
According to report, friends of Judge
Talley yesterday were trying to get
former Gov. Alfred E. Smith interested
in backing him In fight to secure
denomination against the wishes OF Mr..
Murphy. They suggested, 1t was said.
that the rejection Of Judge Talley could
be looked on in no other way than as
direct slap at the former Governor. who
put him on the bench. They whispered
that II might be a good time to change
the leadership of Tammany Hall and
that the former Governor might be a
good man to step into the shoes OF the
present boss.
"Al" Smith refused to comment on the
situation or to get the least bit excited
by II. Persons close to him said he had
not the slightest desire to step into
political quarrel at this time; that ne
does not consider the turning down OF
Talley any reflection on him. as Tam
many Hall had indorsed him. True 1t
was that Charles F. Murphy and Thoma
Foley wanted the Governor to appoint
District Attorney Edward Swami to the
vacancy created by the death OF Judge
James 7. Malone, but when tney
learned that the Governor was set
against 1t they indorsed Judge Tailey.
Friends of Murphy pointed OUT last
night that the time for getting up
designating petition was short, as Tues
dav at midnight is the dead line. They
predicted that the furry that had been
caused by the unexpected treatment OF
Judge Talley would soon die out
Hint He Talked TOO Much.
A personal friend of the former Gov
,srnor and Of Mr.. Murphy. referring TO
the fact that "Ap' Smith had appointed
TO the bench the first assistant of Dis
trict Attorney Swami instead of the lat
ter, as the Tammany leaders desired.
said:
"That appointment opened the door
for personal complications for the rea-
son that Gov. Smith was on record AS
attacking Mr.. Hearst, and In these at
tacks Foley sympathized in every par
ticuIar. Mr.. Murphy. on the contrary.
did not feel that any attacks should be
made which would in any degree jeopar-
dize the municipal election this fall. But
In view of the fact that Gov. Smith re-
fused to appoint Mr.. Swami. but pre-
ferred Mr. Talley over Mr.. Swami, there
was nothing to do consistent with the
original proposition but to refuse to
Judge Talley a redesignation to the
Court of General Sessions"
Persons rather close to the gossip
among members OF the judiciary ex-