The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-11-07
E. NJ. TRAVIS Is HELD
FOR THE GRAND JURY


Medalie, his counse., Will obtain writ
OF habeas corpus and argue out the
legality OF his punishment before n
Supreme Court Justice. For II was
maintained when Travis was first adj
judged In contempt that the information
upon which the case was brought be-
fore Justice Kernoohan did not give him
the power to punish for contempt.
AS TO Wendell ana Judson.
Justice Kernochan again declared in
his opinion that the evidence in the In
uuiry had not been sufficient TO link up
James A. Wendell, present Deputy
Comptroller and Comptroller-elect. with
any crime.
Regarding Mr.. Pecora's suggestion
that he find that Albert l.. Judson, a
bond dealer. whose profits from the
State exceeded $s50.000, had violated
another section of the penal law relating
to presenting fraudulent claims to the
State, Justice Kcrnochan said he hesi-
tated to do so until more sure of the law
on the matter.
He pointed out that Judson had re-
fused TO sign waiver Of immunity when
he took the stand and consequently
might not be liable to prosecution on
what he had testified to. He asked Mr..
Pecora and Walter II. Herrick. Judson's
counsel. to submit briefs covering this
point before he makes n pronouncement.
Both sections OF the penal law quoted
by Justice Kernochan refer to Mr.
Travls's alleged offence, one in broad
and one in a restricted way. One Sec
ton. 1853. carries a Ave year maximum
prison sentence, or a $4,000 fine, or both
Section 1864 calls for prison term or
three TO five years, or a fine Of five times
the amount the State lost by the audit
ing, which in this case would amount to
$500 900, or both, and the loss OF his
Office.
THE evidence in this case has been
collected by the Assistant District At
torney in most painstaking manner,
Justice Kernochan said in his opinion
reviewing the proceedings and setting
forth his conclusions. He deserves tho
thanks of tho community for the facts
he has brought to light.
Suggests Legislative Action.
so great is the loss to the State by
reason OF these transactions that con-
slider It the duty of the District Attorney
to draw to the attention of the Legisla-
ture or the Chief Executive of the State
all the evidence that has been laid be-
fore me and any other evidence he may
be able to collect In the future, so that
proper legislation may be enacted by
the Legislature and proper action taken
by the Governor to safeguard the
finances OF the State.
HE cannot be criticised for combining
himself to transactions In the Comptrol-
ler's office during the last five years
only, for the statute Of limitations would
outlaw any felony committed before that
time. He has proved that In tho last
five years the Comptrollers office, UNI
der the administration of Eugene Nj.
Travis as Comptroller. has had to invest
monies of the State to the amount OF
over S6.000,000 a year.
THE law allows this money to be IN
vested only in bonds issued by the State
of New York and in bonds issued by
municipal subdivisions of the State 1t
Is obviously the duty OF the Comptroller
to invest this money TO the very best
advantage possible and his relation to
these funds that it Is his duty to invest
is akin to that OF trustee administer
ing trust funds.
1.-THE evidence shows that % per cent
Of the purchases made by Comptroller
Travis during the last five years have
been made through two firms. or dealers
George b. Gibbons & Co. of New York
ci.y and an individual by the name OF
Albert L. Judson, who operated at first
through the firm OF w. S. Fanshawe &
Co. as his broker and later under his
own name as principal.