New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-28
BRITT0N NOT FOUND
CONVICTED B1NkER'S 5
RETURN PROMISED.
Counsel Seeks Stay for Mss
ing Nan and +. III.
Schroeder.

When news reached Brooklyn yester-
day that the Court of Appeals had de-
cided that Colonel Edward Z. Britton
and Frederick IT. Schroeder. former
Quarantine Commissioner, must serve
their sentences in Sing Sing prison for
misappropriation of funds the announce
ment was made from the District At
terney's office that detectives had sought
Colonel Britton without avail. II was
stated that the officers remained wait
ing all night in front of his home in
order to place the former national
guardsman under arrest.
His failure to appear gave rise to the
report that he had fed from the state
to avoid arrest. His attorney. John L.
Hill. said last night. however, that
Colonel Britton had not anticipated the
adverse decision and had gone to New
Jersey on a business trip. The attorney
said that his client would be back on
Wednesday, when a motion for a stay
of sentence would be argued in his
behalf
Mr.. Schroeder was arrested and spent
the night in the Raymond street Jail.
Colonel Britton and Mr.. Schroeder, re-
spectively president and vice-president
of the Eagle Savings and Loan Com
pany, of Brooklyn, were convicted of
grand larceny for taking more than
100000 of the banks funds to float
Western mining company, covering the
defaications by worthless checks. They
have made restitution. but that was not
considered as in any way a palliation of
the crime.
The Appellate Division upheld the con-
viction after refusing to consider the
defendants plea that the actual taking
of the money was done by the cashier.
An application for a certificate of rea-
sonable doubt was made to Judge Ed
ward T. Bartlett, of the Court of APP
peals. His denial of the application was
received yesterday at the Office of Dis
trict Attorney Clarke
The news had evidently reached the
bankers on Tuesday night for their at
torney, John L. Hill, was before Justice
Marean early yesterday morning to
move for a stay of sentence. The mo-
ton was granted. and made returnable
before Justice Dickey at 8 o'clock yester-
day afternoon. 1t appeared then that
District Attorney Clarke was not ready
to argue such a motion. He informed
Justice Dickey of that fact. and asked
for an adjournment until Wednesday.
Mr.. Hill was not content TO let the af
fair rest in that condition, and asked if
his client Mr.. Schroeder, would be
forced to stay in Jail until the hearing.
MIR. Clarke argued that the stay granted
by Justice Marean did not include Mr..
Schroeder. because he was under arrest
when it was granted and that it could
pertain to Colonel Britton only, who was
out on bail. Justice Dickey refused TO
give decision on any phase Of the case,
but announced that the matter of bail
fc- both men would be argued before
him this morning and the motion for
stay on Wednesday.
The principal reason urged for stay
of sentence now was the failure of
Thomas H. Whitlock. the first attorney
enga ged in the case. to place the bank
ers on the stand. The convicted men as
sert that evidence they might have given
then would have resulted in their ac-
quittal.
District Attorney Clarke said yester-
day that the assertion was amusing to
him. He predicted that it would not be
long before the bankers would make the
trip up to Ossining to begin the service
of their sentences.
The sentences of both men were inde-
terminate. that of Colonel Britton being
not less than fourteen months nor more
than four years and six months, While
Mr.. Schroeder's was not less than one
year nor more than four years and six
months