New-York tribune., 1922-10-28
Director Must Answer for
Refusal to Produce the
Books Of His Personal
Business for Officials
More Indictments
Pending in Case
James F. Pershing Jr.,
Nephew of General, Said
to Have Been Forced Out

Prohibition Director Ralph A. Day.
whose resignation along with that of
his assistant, John Parsons, takes ef-
feet November 1, was cited yesterday
to appear before Judge Rufus E. Fos-
ter in the United States District
Court this morning and show cause
why he should not be held in con-
tempt of court. The specific alleged
offense is the reported refusal of Mr..
Day as an officer of the cloak and suit
company known as +. A. Day & Co., to
deliver to the Federal grand jury GER
tain books and records subpoenaed by
Assistant United States Attorney Major
John Holley Clark.
"The order is not for Mr.. Day per-
sonallv," said Major Clark, "but is
again. the corporation. 1t is fact
that the order was issued about the
same time as the grand jury returned
a sealed communication to Judge Fos-
ter, but on that | cannot comment"
| 1t was admitted by the court later
that the communication named two
Treasury Department employees, but
there is no record that the communica-
ton and the citation are in any way
related. Mr.. Clark continued:
"Mr. Day was summoned Wednesday.
He honorad the subpoena and came
down here, but he refused to waive
immunity, so l could not permit him
Ito 60 before the grand jury, which is
engaged in investigating liquor cases
and the operations of the New York
prohibition officers.
| Refused to Yield Books
| II then asked Mr.. Day for his books
of r. A. Day & Co., of which he is
president. He said he wanted sub
| poena before he would give up the
books. The subpoena was served, but
| Mr.. Days counsel, Abel /. Smith, said
the subpoena was too sweeping
Another subpoena was issued which was
not sweeping, but ON advice of counsel
the books were not surrendered, al
though l had already gone over them
with Mr.. Days permission in his busi-
mess Offices.
"Atf12.S0 to-day Mr.. Day came down
again while the grand jury was in
session and again refused to waive
| immunity, nor would he deliver the
books. There are only about twelve
of these books. They would not be
burdensome. I then applied for the
order citing him to show cause why
| he should not he deemed in contempt
| of court
! Director Day said last night that his
failure to answer the, subpoena that was
served yesterday was because he did
not receive it until 11:55 a. m. The
subpoena ordered him to report at IL
o'clock, which made it impossible to be
| there, he said.
| 1t was admitted yesterday in the
office of the United States Attorney
that James F, Pershing, ir., nephew of
General John J.. Pershing, had been
requested to resign rs assistant pro-
hibition director under Ralph A. Day,
and that his resignation several weeks
ago was not voluntary. as was reported.
More Indictments Coming
| Mr.. Clark said that he had sub
poenaed Mr.. Pershing and that the lat
ter had not been permitted to appear
before the grand jury because he had
| refused to waive immunity.
The communication which was handed
to Judge Foster by the grand jury re-
ported unfavorably on two unnamed
Treasury Department officials, but ad-
mitted lack of evidence on which to
| base indictments, it was reported yes
terday Indictments of six prohibition
department attaches and various boot
| leggers and warehouse employees are
expected later.
The communication of the grand
jury was opened by the court who
issued an order that it be sequestered
| after copy had been sent to Secre-
tary of the Treasury Mellon.
w. D. Trenholf. foreman Of the
grand jury, in presenting the commu-
| nication of the court said:
"This communication is presented at
this time in advance of any indict-
ments which might be found, because
two Of the persons mentioned in the
communication are still in the service
of the Treasury Department and their
retirement, on November 1, is expect
ed. 1t might defeat the contemplated
purpose If the delivery of this COM
munication was delayed"
The court then ordered the jury
excused without date at extending
their deliberations for one week, and
ordering that the jury be held subjct
to call
VT ~s m.