The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-10-28
John s. Parsons Also Sub
poenaed-Appleby Tes-
titles in Secret Session.
j. F. PERSHING Is NAMED
Mellon Said to Have Been
Asked to Hold Up Resigna-
tiOn Of Director.

Ralph A. Day. prohibition director
for New York State. was cited yester-
day by Judge Foster to appear Mon
day in United States District Court
to answer to a charge of contempt for
refusing to obey a Grand Jury sub
pena requiring him to produce the
books of r. A. Day s Co., cloak and
suit manufacturers.
According to John Holley Clark, Jr.,
Assistant United States Attorney, Mr..
Day had refused to appear before the
Grand Jury unless he got immunity.
This was refused, said Mr., Clark, be-
cause of information in possession of
the Government
Following Mr.. Days refusal, the
jury, which for many weeks has been
investigating the theft of 5,100 cases
of champagne and whiskies from Gov
ernment warehouses, handed to Judge
Foster a sealed communication.
In commenting on the communica-
ton, which Is understood to have been
sent to Washington, w. D. A. Trenhoff.
foreman of the jury. said:
This communication Is presented at
this time in advance OF any indictment
which might be found because two of
the persons mentioned in 1t are still in
and their retirement on November 1 is
expected. and 1t might defeat the con-
ternplated purpose If the delivery of the
communication is delayed"
May Mention Parxons ALSO.
The communication is understood 20
contain q request 10 the Treasury De-
partment to hold up the designations of
Mr.. Day and John S. Parsons, his as
sistant, set for November 1. pending
further inquiry by the jury into alleged
thefts of liquor.
Mr.. Parsons waived immunity and
appeared before the Grand Jury. as did
John d. Appleby. zone dry chief. and
Chris Fortman, chief city agent. and six
suspended dry agents
Judge Foster, in receiving the sealed
letter, said he would take whatever ac-
tion is warranted. He then excused the
jury, saying that II would be summoned
when needed.
Mr.. Day promised to make state
ment at the National Republican Club.
81 West Fortieth street, at z o'clock
last night, but he could not be found
there at the time. Several weeks ago
he moved from the Carlton House. where
he had lived for several months.
Abel /. Smith. attorney for Mr.. Day.
said the books of r. A. Day G. Co. had
been gone over by Mr.. Clark. He de-
clined to comment further.
Subpoena Arrived Late.
Mr.. Day did not receive his subpoena
from the jury until 11:55 Friday. It was
raid. whereas the document called on
him to be present with his books at II
O'Clock. Federal agents who served 1t
said he did not appear at his office until
IL 55, and that he could not be found
last night after the subpoena had been
signed and ordered served on him.
Mr.. Clark explained that on Wednes-
day Mr.. Day appeared at court, but
refused to go before the jury and waive
immunity. He then was served with
an order to SURF ,nder the books of his
firm TO the jury.
Mr. Day refused. contending that the
pena subsequently was revised and
served again. Mr.. Day thereupon ap-
peared again at court. but refused again
to go before the jury and waive Inn
munity II was said
James +. Pershing. a nephew Of Gen.
John j. Pershing and formerly a prohi--
bition agent, also refused to waive inn
munty when summoned before the Jury.
1t was understood that information was
sought regarding his connection with
the prohibition enforcement department
at the time vast stocks of liquors were
stolen from the Republic bonded ware
house on alleged forged permits
Most of tho stolen liquor was recov-
cred several weeks ago In "a raid on
the Standard Carpet Company, $40 last
Forty-fourth street. Morey Il. Birn-
baum owner OF the carpet concern, was
I'm $1,000 bail for a grand Jury
hearing after he had surrendered 10
Federal officers.
There was no hint about what connec-
tion the books of II. a. Day e. Co.
might have with the theft of the LIQUOR
from the Republic warehouse. Indict-
ments are to be returned. Il was hinted.
against about twenty persons. including
six general agents of the prohibition en-
Continued on Page Eleven.