New-York tribune., 1921-09-26
Also Will Request Him to
Name Attorney General
to ReplaceSwanninVote
Inquiry by Grand Jury
New Primary Plea
To Court To-day
'Tammany Leaders Try to
Dissuade Shalleck From
Prosecution of Cunmen

AT conference of counsel for James
j. Hines yesterday it was decided to
appear to-day before Supreme Court
Justice lsdor Wasservogel and apply
for an order calling upon julius Mil
Ter, Democratic candidate for Borough
President, to show cause why new
primary should not be ordered bv the
court.
Throughout yesterday and last night
expert accountants, bookkeepers and
others, including two professors of
mathematics, who are constituents of
the fighting Tammany leader of the
1lth Assembly District, worked at
Illness clubhouse preparing the results
of an examination of the ballots cast
in the recent primary, which showed
that Hines, according to his counsel,
was robbed of the nomination by the
MurphyMiller followers.
"Our proof that fraud permeated
the primaries is conclusive" said Vim
cent s. Lippe, who is in charge of the
court proceedings. at is so thorough
that we have no fear that the opposi-
ton can make an answer to our
charges that will satisfy the court.
AND so convinced are we that new
primary. will be ordered, that we will
make formal application to-day to
GoveTnor Miller to appoint special
grand jury to investigate the acts Of
crimlnallty perpetrated at the polls
j Il.
tne Governor to appoint the Attorney
General to supersede District Attor,
ney Swami as prosecuting Officer
Urge shalleck. to Drop Attack
Llppe said that because of the efforts
made to persuade Joseph Shalleck
campaign manager for Hines. not to
prosecute the policemen and Tammanv
mugs who shot and blackjacked him
and several other Hines men in ~, +ho
polllng booth of Murphys home dis
1rlct while they were SEARCHING for
evidence of election frauds, that he
mad little faith in the local nrose-
cutor's staff. pAose-
= Llppe pointed out that on SATURDAY.
soeptem Der II, he had written letter
TO Swami, formally calling his atten-
tlon to the fact that felonious assa,,ltc
had been committed OH Shalleck and
others in Boss Murphy's home district,
and that up to date the District Attor,
ney's office had not started an invcc-
tigation. OH '"Scs-
Shalleck informed several of his
friends and also told newspaper mon
that shortly after the letter had haem ,fae,'
received by Swami man called an
nlm, saying he was from the District
Attorneys Office.
Ihls man." said Shalleck, "asked me
not TO go ahead with my complaint"
Tammany Fears Prosecution
Shalleck, as one of his friends pointed
out yesterday, is a LAWYER. and f Of
course, even if he were so inclined
would not listen to such a plea. as be
knows that compliance with it would be
IN Itself a violation of the criminal
code which forbids compoundinp of felo-
nies.
1T is known that one very prominent
member of Tammany Hall, man who
made millions in the liquor business.
asked Hhalleck not to prosecute, arguing
with hlm that it was an accident and
to be good fellow and forget it. ''''N
These efforts have incensed Shal1ock
and his family, who have declared thst
Shalleck's first duty is to the commu-
nlty, and not to his friends in Tam
many nan VINO are pleading with him
to be easy with the black kjackers and
gunner.
The Police Department started an
investlgatlon of the shooting of Shall
leck and dropped it after day. The
ponce investigation started two days
after Primary Day, when the news
papers were filled with accounts of the
assault upon Shalleck, and when it
was feared that he might die. For
some mysterious reason the police have
done nothing further.
Shalleck's friends and Shalleck him
ser 81 are determined that justice shall
be done. If District Attorney Swami
and the Police Department, who are
charged with the detection and prosecu-
tlon of crime, do not act, then Governor
Miller will be asked to have the At
torney' General conduct the investiga-
ton.