The sun., 1916-11-19
CIRCUIT CONVICTION
NULLED ON APPEAL
Higher Court Finds Prosecutor
Erred in Union Bank Per-
jury Case.
FOUR JUSTICES CONCUR
Trial Judge Also Criticised
for Permitting Too
Much Latitude.

The conviction Of Edward NJ. Grout for
perjury in publishing a false report Of
the Union Bank Of Brooklyn while presi-
dent of that institution and a few days
before its second collapse was reversed
yesterday by the Appellate Division.
The opinion. written by Justice Mills
Of Wcstchester, criticizes present Justice
Cropsey. whose prosecution Of Grout was
the outstanding feature Of his career AZ
District Attorney Of Kings. and the pres
ent District Attorney. Harry r. Lewis.
who presided as County Judge at CIRCUITS
trial.
Justice Mills. with Justices Rich,
Thomas and Putnam %concurring; holds
that the cross-examination OF Grout was
unfair. that Mr.. Cropsey dwelt upon COL
lateral matters unfairly In summing up,
and that Mr.. Lewis. as trial Judge. erred
in allowing the prosecutor so much latl-
tude. The grounds on which the Appel
late Division reverses are entirely diff
ferent from those on which Justice Scud-
der granted n certificate of reasonable
doubt.
Extraneous Matter Brought II.
The Appellate Division. unlike Justice
Scudder. holds that m substitution OF
the published report for the report sent
TO the State Banking Department did
not void the indictment. II bases re.
versal on the error Of the prosecutor In
dragging eNtraneous matter into the case
during the course Of the trial and on a
theory so misconceived that it's accept
ance by Grout would have constituted
perjury.
Mr.. Cropsey. as prosecutor, dwelt much
on CIRCUITS alleged effort to deceive In
carrying certain real estate under the
heading. loans and discounts" This
real estate was handled through dummy
companies. and Mr.. Cropsey held that /,
should have been carried as real estate,
In holding otherwise. the opinion SAYS:
III the appellant had made a state
ment in accord with the theory OF the
prosecution. he would very likely have
committed perjury in that respect In
verifying the report"
Inc opinion states too not only tina,
the evidence is insufficient to warrant the
conclusion that the banks realty was
carried AZ n false figure. but that Grout
actually underestfmated It's value In the
report. II is held that CIRCUITS examina-
ton on collateral matters was "extreme,'
ana that Mr.. Cropsey unfairly dwelt' on
one phase OF this examination for four
fuli pases in summing up.
Dominated Entire TrtaI,.,
Il am CONVINCED that these errors, In
'he case were so numerous. important
anu 10 the defendant. 20 p%rejudicial.
anu tnat they so dominated the entire
trial, writes Justice Mills. that tbe
defendant did not have the fair trial
which the Constitution and the laws
guarantee to any indicted person"
lie holds that these errors as a whole
must have had the effect OF .ann,hIlat-
ing the defendants credibinty." Justice
fich not only concurs In this. but in a
separate opinion holds with Grout
against the prevailing opinion OF the
court that he 'Grou') should have been
granted n change Of venue on the ground
OF possible prejudice following Mr.,
Cropsey's hand picked Judges" speech,
The Appellate Division holds that Jus
tice Benedict erred IN transferring the
case from the Supreme TO the County
Court and directs that il he retired in
Kings county before the higher tribunal
even though II he found necessary 10
go upstate for n Justice whose assocla.
tons with Mr.. Grout are not such as
will prevent his presiding.
IriaI Nine Weeks.
The Indictment OF Grout followed his
effort to rehabilitate the Union Bank
after David A.. sullivan had wrecked Il
through Illegal speculation in real es.
tate. His trial, second longest In the
history Of Brooklyn, look nine week,
and cost the county more than $40. 900
The jury was out 1~fty-three hours and
one OF the Jurors subsequently stated ir
an affidavit that he had been coercet
into voting guilty" though utterly con,
fused by the complicated banking quas
tons involved and by no means con,
WINGED.
Convicted on July %, 1918. Grout wa,
sentenced by Judge Lewis the following
week to a minimum term of one yea
In Sing Sing. He procured bail soor
after on "A certificate of REASONABLE,
doubt and has been at liberty sine,
hen pending the result OF his appeal.
District Attorney Lewis has not We
decided whether he will appeal from tn,
reversal n says ne will not be abb
to make a decision until he has studied
the opinion.