IX SPECIAL TERMS OF COURT Extraordinary Trial Term of the Supreme Court, Borough of Manhattan, City of New York, for the Purpose of Investigating Acts of Criminal Anarchy STATE OF NEW YORK EXECUTIVE CHAMBER It appearing to my satisfaction that the public interest requires it: THEREFORE, in accordance with the statute in such case made and provided, I do hereby appoint an extraordinary trial term of the Supreme Court to be held at the Criminal Court building in the borough of Manhattan, city of New York, on Monday, the 11th day of August, 1919, at 10 o'clock in the forenoon of that day, and to continue so long as may be necessary for the purpose of investigating acts of criminal anarchy and all other criminal acts directed against organized government, and for such other proper matters as may come before the court; and I do hereby designate the Honorable Bartow S. Weeks of the city of New York, a justice of the Supreme Court of the First Judicial District, to hold the said extraordinary trial term of the Supreme Court as hereinbefore described, and, among other things, to cause to be drawn according to law, a grand jury to serve at said extraordinary trial term of the Supreme Court; and I do hereby direct that notice of such appointment be given by publication of this order once in each week for two successive weeks in the New York Times, New York World, New York Herald and the New York American, newspapers published in the city of New York, N. Y. GIVEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany this eleventh day of [L.S.] July in the year of our Lord one thousand nine hundred and nineteen. By the Governor : (Signed) ALFRED E. SMITH. GEORGE R. VAN NAMEE, Secretary to the Governor. Communication from Raymond F. Almirall, Foreman of Extraordinary Grand Jury, Borough of Manhattan, City of New York, Charging District Attorney with Non-Performance of Official Duty, and Requesting Designation of Special Legal Counsel October 21, 1919. Hon. ALFRED E. SMITH, Governor, Capitol, Albany, New York: YOUR EXCELLENCY. In acknowledgment of my letter to you of the 15th instant, you received the committee of the extraordinary grand jury on the 17th instant when you requested it to submit in letter form the principal reasons for its petition to have appointed a special legal counsel to assist and advise it in any and all investigations with which it is or may be charged or may initiate. This grand jury of the county of New York was empanelled in August last for the purpose of considering complaints of criminal anarchy. However, it was charged at the personal insistence of the District Attorney, by his Honor Justice Bartow S. Weeks, to report on the Mayor's accusation of conspiracy between the Interborough Rapid Transit Company and the Brotherhood of Interborough Rapid Transit Company Employees, under the caption People versus John Doe. All witnesses, except the Mayor, the city editor of the New York American and the President of the Public Service Commission, appeared at the instance of the District Attorney and were interrogated by him or his office as well as grand jurors. The questioning of the Mayor and editor, who were called by the grand jury itself and not by the District Attorney, was, I regret to state, seriously impeded if not stopped by the interference of the District Attorney, who not only evaded their proper examination, but also acted as their advocate rather than as attorney to the people and legal advisor to this grand jury. Members of this body, though selected by the District Attorney's office with unusual care, involving the procedure of challenge, have been illegally assailed and falsely criticized in open court by the District Attorney without the opportunity because of the secrecy imposed upon them under the law of reply. Following a pronouncement in open court on the 17th instant, the District Attorney, without legal or moral right, endeavored unsuccessfully to have this body discontinue any further consideration of this case. Obvious and strenuous efforts in this direction followed; biased and inaccurate information has been widely disseminated by the District Attorney in the New York American and Journal. It has been sought, and, perhaps, with some success, to create in the minds of the people the false notion that this extraordinary grand jury desired to determine the question of whether or no the Interborough Rapid Transit Company should be permitted to alter its rate of fare; whereas every member of this body understands its functions to relate to the question of criminality as instructed by the court. It is in this connection, and with a due appreciation of its responsibility and obligation to the people that this grand jury asks for special legal counsel, for it is the firm conviction of this body that only through such assistance absolutely free from bias, sinister newspaper and political influence, can the true and essential facts be ascertained. We can see no prospect of this unless you grant our request; failing this its efforts must abort, and a crime which completely overshadows that charged by the Mayor, may escape detection. The grand jury confidently trusts that you will exercise the power of your office to relieve it of the singularly unfortunate predicament of being without proper legal counsel; counsel to which it may assuredly refer for unprejudiced and learned advice to guide it in its deliberations and in the fulfillment of its sworn duty. Therefore, this grand jury by unanimous vote, very earnestly and respectfully petitions you to cause the designation of such an adviser- a man whose probity and ability is securely entrenched in public opinion. I am, with great respect, Faithfully yours, (Signed) RAYMOND F. ALMIRALL, Foreman. |