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Van Waters' Prosecution Suffers Blow

Dean Griswold Bars Evidence Of State Auditor; Cross Continues Defense's Case

NO WRITER ATTRIBUTED

Dean Erwin N. Griswold of the Law School, chairman of the special commission hearing the appeal of Dr. Miriam Van Waters for rein-statement, balked an attempt by the prosecution yesterday to introduce state auditor's reports as evidence against the ousted head of the State Reformatory for Women.

Deputy Commissioner of Correction Frank A. Dwyer tried to present reports by auditor Thomas J. Buckley which accused Dr. Van Waters of violating laws regarding the employment of reformatory inmates by private persons.

Griswold declared that he was "at a loss" to see how the reports supported any of the charges made by Commissioner of Correction Elliot E. McDowell, who fired Dr. Van Waters on January 11.

He allowed them to be submitted to the commission, but barred them as evidence. The prosecution conceded that there was no suggestion in the reports that funds had been misused at the reformatory.

Earlier in the hearing, Griswold agreed with defense attorney Claude B. Cross, who contended that evidence obtained by the prosecution after Dr. Van Waters was notified of her dismissal should not be accepted. The commission announced that the proceedings must end by March 4. There is no deadline for the commission's final decision.

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