New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-01-17

Special Counsel in Grand
Jury Inquiry Awaiting
Outcome of Quiz of Hy-
Ian and Enright To-day
Indictments Are
Reported Held Up
City Officials, by Refusing
to Cooperate, Delay the
Return of True Bills

Despairing Of receiving wholehearted
cooperation from "ity officials in the
grand jury investigation of the Hy-
Ian administration, former Governor
Charles S. Whitman, its counsel, is
ready to appeal to Albany for legis-
lative inquiry into the affair; of the
city.
Ex-Governor Whitman would not ad-
NIT yesterday that he planned to go to
that extreme. He merely said that he
was marking time until after Mayor
Hylan and Police Commissioner En-
right appear to-day before the Jam
uary extraordinary grand jury, under
subpoena, to explain their refusal to
assist the grand jury.
Those in the confidence of Mr.. Whit
man, however, are positive that the
special counsel has been forced into
the realization that the Hylan-Enright-
Lahey combination will do everything
in its power to prevent the successful
carrying out of the grand jury inves-
tigation.
1t is known that until Police Com
missioner Enright threw into the Whit
| man camp the bombshell contained in
his letter refusing police aid, Mr.. Whit
man and his assistants had in the
course of preparation number Of
criminal cases involving police and
other city officials for presentation to
the grand jury.
Whitman and Aids Work Sunday
! This work has been materially inter
fered with. but nevertheless it con-
tinues. Assistant District Attorney
James E. Smith, Arthur M. King, Will
liam Chilvers and ex-Magistrate Fred
erick j. Groehl, as we'll as Whitman,
ycsterday-despite the fact that it was
Sunday--in either their homes or their
Offices
However, Mr.. Whitman and his as
sistants feel that the refusal of assist
ance from Hylan and Enright is megely
a smoke screen to distract attention
while those under suspicion are given
the time necessary to leave the juris-
diction of the court or to prepare a
bullet-proof alibi.
Faced by this situation, Mr.. Whit.
man, according to those closest to him.,
feels that he can produce before Gov
error Mi!!e- and leaders of tho Leg;s-
lature enough evidence to warrant
demand for legislative investigation.
This attitude is complete surprise
to those close to Mr.. Whitman, who has
been n consistent opponent of the ap-
pontment of a state body to investi-
be charged that it was to come here
simply for political purposes.
State Inquiry Now Favored
One week of examination of the evil
dence which has piled up (and which
incidentally has already resulted in the
Indictment of one police captan) has
convinced Mr.. Whitman, it is said that
the surest way to get at the real facts
is through an investigation in the open,
which will not be limited to a secret
grand jury hearing or by the necessity
Of predicting a bona fde case of Grim
inality before the people are informed
as to the real condition of affairs.
To be met by strong opposition in
an investigation is nothing new to Mr..
Whitman, his friends point out. He
smashed the most powerful police
grating organization the city has ever
known when he convicted Police Lieu
tenant Charles Becker of instigating
the murder of Herman Rosenthal, the
gambler, and did not let up until he
sent number Of grating inspectors
to Jail.
Funds Probably Will Be Denied
In that situation, however, he had
unlimited support from City Hall and
Police Headquarters, as we'll as un-
limited money. Now he has no sup
port from the Mayor or the Police
Commissioner, and the Board Of Esti-
mate has referred to committee,
where it will probably be killed, a re-
quest made for $4,000 to conduct the
present grand jury investigation.
Mr.. Whitmans future moves will, it
is said, be guided to a great extent by
the developments to-day before the
grand jury But it is said he expects
hardly any change in attitude. in view
CONTINUED next paus'