The New York herald., 1921-01-26
SMITH ABSOLVED
BY ALMIRALL JURY
Clear Swami Aid: to Be Dis
missed After Search for
'0vershadOwing Crime
NO CONSPIRACY REVEALED
Two Assistant District AttOr-
neys Indicted. but No b. r. T.
Scandal Found.

The special Almirall Grand jury APP
peared before Justice Weeks in the Su-
preme Court yesterday and reported the
dismissal of charges brought against
James f. Smith, Assistant District At
torney. by Jacob l.. Goldman and Ber-
nard Freedman. No merit had been
found. the Grand Jury also reported. in
the accusations made against Mr.. Smith
by Dominick Henry. former police in
spector. and in those of CASTOR b..
Means against John IT. Dooling. Assist
ant District Attorney. and others.
These charges also were dismissed.
Justice Weeks said that but one mat
ter intrusted to the Almirall body re-
mained to be disposed of and that it
had been referred to William Rand. AS
sistant Attorney General. Justice Weeks
expected he said. that Col. Rand would
report within a few days. when it would
be possible for him finally to discharge
the Almirall jury from further service
With the action Of the jury yesterday
the "overshadowing crime" which has
been mentioned so frequently in con-
nection with the District Attorneys Of
fice is whisked into thin air. Originally
empanelled to investigate criminal an
archy. the Grand Jury had not been
long In session when District Attorney
Swami called upon it to look into
charges of alleged conspiracy on the
part of 1nterborough officials to bring
about the Brooklyn transit strike as a
means of securing fare increase. The
accusations were found groundless.
Friction developed between Mr. Swami
and the jury. and at the request of the
panel Gov Smith appointed Col. Rand
as their legal adviser. and Mr.. Swami
retired. The Almirall inquisitors then
busted themselves with Investigations of
various charges which involved the con-
duct of the District Attorneys office.
Their work was not entirely barren OF
results. for indictments charging con-
spiracy were returned against Mr..
Smith in connection with Charles T..
Murphy and others and against Assist
ant District Attorney James z. Kilroe
in relation to a divorce action. Neither
of these indictments have been brought
to trial
The charges dismissed yesterday were
supplementary. Mr.. Smith was accused
by Goldman and Freedman of having
taken a bribe to protect gambling
house on the East Side and of having
used improper methods to secure testi-
mony against Dominick Henry and Au-
gustus Drum Porter, formerly an Assist
ant Police Commissioner. Dooling and
others were charged with misconduct in
connection with the King murder case,
in which Means was absolved as the
slayer.
Mr.. Almirall held twenty minute
conference with Justice Weeks in the
court room before the members Of the
jury filed in. After expressing the hope
that he might finally discharge the jury
within a few days. Justice Weeks
pointed out that. they had been in ses-
sion since August. 1919. and expressed
his belief that the six other Grand Juries
now sitting here were sufficient to
handle the criminal business of the
county.
Justice Weeks said that some members
of the Almirall body had expressed a
wish to return a presentment against one
or more public officials. but he advised
against such action.
There is serious doubt whether under
our form of procedure there is such a
thing as a presentment against indi-
viduals." the court said. "I think II has
generally received the disapprobation Of
the court to bring about the presentment
of facts relating to an individual that
is. in effect, to charge wrongdoing that
does not constitute crime. Such a
presentment against an individual may
do him a great wrong and. in the event
that he Is a public official. the wrong
would be still greater Let me warn you
therefore, against going beyond the
properly prescribed grounds of a Grand
Juryman's duty into the debatable field
of uncertainty"