Detroit evening times. (Detroit, Mich) 1921-1958, 1942-08-17
Open Letter
To Governor
Of New York
Case in Syracuse Called
10 His Attention
By WESTBROOK PEGLER

Dear Sir:
/ am told that the state at
torney general has no authority,
no power of initiative, to super
cede a county prosecutor with
out orders from you and that
therefore Atty. Gen. John Ben
nett, Mr.. Farley's non-New Deal
candidate for the Democratic
nomination for governor, is I'M
able to start anything in the
case OF Joe Fay, the union
leader of the AFL, and II. Or
vile Warner of Rochester, his
union subordinate whom he
booted around a hotel corridor
in Syracuse last fall.
The assault took place during
the solemn deliberations of the
state convention of the AFL and
Warner was put in the hospital
with cracked sinuses and other
injuries.
EAY was indicted on a charge
l. of asSault-good for a maxi
mum of five years in prison
but when the case came on for
trial in Syracuse last winter
Warner was missing and after a
brief continuance the district
attorney agreed 10 a dismissal
of the indictment and the court
discharged Fay.
Soon afterward Warner APP
peared again and Fay reinstated
him in his union job.
This case obviously calls for
special attention from the 6aw
department of the state.
1t was not necessary for the
prosecutor TO agree 10 dismissal
of the Indictment in such
hurry. 1t could have been kept
on fife fof. years and years. fi'ff1t
court did not have 10 permit
the dismissal. and could have
refused il. Justice plainly was
made fool of.
L'AY is a leader Of one OF the
Il most diSgraceful unions OF
the ALL, a union which has
charged workers sums OF money
in the war construction pro-
gram.
He is also an influential New
Jersey politician OF the Frank
Hague crowd.
He recently brought in
union Endorsement of Senator
Smathers of the Hague machine
and he is not only a unioneer OF
great power, but a contractor on
big construction projects which,
nowadays, are confined TO war
jobs.
He is not only international
vice president of the Hosting
Engineers Union. but president
of a big Jersey construction
company whose heavy duty We
hicles may be seen dashing
around on war work.
The president Of his Newark
local also is an officer of this
company. Their union subjects,
euphemistically called members,
do much of the work on projects
OF the type undertaken by their
company.
I AM told that, Notwithstanding
Il the notoriety of the Fay
Warner case in Syracuse. il
might not have been brought 10
your official attention, but II
takes only a letter TO you 10 do
this.
Thereupon, as lawyers have
explained the matter TO me, you
would have a right, indeed, |
understand. a public duty. TO re-
fer the case TO Mr.. BENEFIT, the
attorney general. under a spe-
cial order 10 make a thorough
investigation.
You may not happen 10 read
this letter in any paper in which
il appears, but l am sure more
than one OF our citizens will
send il 10 you. registered mail.
return receipt requested, so that
you will not fail 10 become
aware Of the situation.
Of COURSE. conspiracy Is
" hard To prove. but that is
no excuse for a failure 10 make
an honest effort TO prove one in
a case like this one.
/ am prepared TO present to
you letter from Warner to me.
written while he was sore at
Fay and before he disappeared.
in which Warner offered 10 give
much information against Fay.
And, no doubt, the grand jury
testimony by Warner, which
caused the indictment, would
bear on the case.
IL is certainly TO be kept IN
mind that il was not necessary
10 permit the dismissal of the
indictment. And its dismissal
was a priceless benefit to Fay.
rich man. because he cannot
he reindicted on the same set Of
facts unless a conspiracy should
be proved first.
HOWEVER. if a conspiracy
IL should be proved, all af-
fected by the evidence of a con-
spirscy could be indicted on that
charge and Fay could be rein
dicted on the assault charge and
this time made to stand trial
In such case, If Warner failed
to repeat in a trial the same
testimony that he gave before
the grand jury he could be in