New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-04
Hon. John +. Clarke,
District Attorney, Kings County,
Court and Livingston streets,
prnnLrlvp

'Pt'ilb'i ~ i''''
District Attorney, Kings County
Court and Livingston streets,
Brooklyn. y. Y.
controversy over the Union Bank to the
tribunal where it lawfully belonged from
the moment charges were made-a grand
jury of Kings County. II the ordinary
crossed by ordinary business, then there
| is full power TO summon an extraordinary
grand Jury which can devote its time ex-
clusively to this investigation And the
Appellate Division can. if need be, appoint
a special term of the Supreme Court.
| am willing, as my counsel Mr.. Little
ton said IN open court on August 80, 70
go before the grand jury and TESTIFY,
waving all privilege and immunity.
The Banking Department Is deliberately
seeking to divert attention IRON ltSeI' IL
recommended the reopenlng OF TINS D alh
three years ago and certified its solvency
to the Supreme Court, declaring tnat IL
had nearly 100000 of assets over IlaDlli-
ties. liz doing this il rated certain asset 5
receiving and carrying these assets at the
figures at which il turned them over to me.
Stripped of details and non-essentlals' thls
is the substance of the charge. III Is not
claimed that | created these assets, such
as the Sullivan note for sl50,GN, passed oy
the department in five examinations nor
that I made them worthless. Ana or none
of the allegations of forgeries, larcenies or
destruction Of records Is it even suggested
that they occurred during my presidency
Ard when the bank closed again TINS same
department certified that was rot re-
sponsibe for the assets which caused the
closing.
But the Banking Department. in the eff
fort now to conceal it's own fault in re-
opening the bank Jnd In certifying It's
assets. has been conducting an illegal.
preiudiced and unfair examination ana
subpenaed me TO appear before the very
man who had fathered the false charges
against me The whole permanent stan or
, the department is to-day the same as IL
was three wears ago, when IL feopeneu
This bank 1t has had exclusive posses
sion for a wear and half or all RECORDS
OF the bank and has denied me access 10
them. ! have therefore resisted In court
it's Illegal inquistion ana, as nave salH,
on the argument of the matter ISSt
Wednesday my counsel openly demanded
n proper investigation before grand Jury
the method found fully eHecuVe III Man
haitian in the case OF the banks Wnlcn
f1iled last January. ond the only method
provided by cur laws.
+ suhnlit the matter TO you for your wise
and impartial official action. II may he
that you have already concluded to follow
this course II 50, | can only rejoice, ana
rnnew nv offer to testify before the grand
any where | believe that | Will receive
| fair and lust treatment. and not be made
| tIn scauegoat to cover M the shortcomings
| of n state department whose head mas ap-
narentlv Identified himself with the per-
| manent staff. and who has not yet begun
| Tho housekeeping which. II was publicly
| announced. the Governor directed him To
do II is not tn be forgotten that this
| department after the panic OF 1917 re-
! opened nine failed banks, only one OIL Wflcl
/ Justified the work OF the department. anu
! was able to remain open.
! Yours truly, . l,,o,.-