The New York herald., 1922-07-15
FULLER INDICTED;
EVADES DETECTIVES
Faces Thirteen Bucketine
Counts With His Partner,
VIM. f. McGee.
NEITHER ONE APPEARS
BantOn Warns 'Underlings'
That He Won't COndone
Any Completely.
NEITHER ONE APPEARS

Edward NJ. Fuller and William F.
MCGEE. members of the Consolidated
Stock Exchange brokerage firm OF Z.
NJ. Fuller & Co. which recently failed
for $5,000,000, were indicted yesterday
on charges Of bucketing stock orders
The indictments included thirteen
counts and were turned over to Judge
Mancuso by the Grand Jury early In
the day. The men are accused OF
bucketing orders of from $3.50 TO s4.100.
All afternoon District Attorney Ban
ton and Assistant District Attorney
Schneider waited for Fuller and Nc
| Gee to appear In the Criminal Courts
Building and post bail bonds. 1t was
said that one of the lawyers represent
ing the two men telephoned soon after
noon that he had communicated with
his clients and that they had promised
to come directly to his Office. He added
that he would conduct them to Mr..
Banton's office at once. They would
4 have been arraigned for pleading be-
fore Judge Mancuso.
Neither man put In an appearance.
Toward 4 o'clock counsel for Fuller and
McGee telephoned Mr. Banton. saying
that 1t was regrettable but the law
yer had not met his clients at the
designated time and place or. rather, the
accused men had not met the lawyer.
Built Cnse without books.
Detectives Sullivan and Russo were
sent out TO fetch the two brokers' in un-
der arrest. Presently Sullivan returned.
| reported to Mr.. Banton and then left
the building IL the District Attorneys
company. The word went out that Full
Ter and MCGEE had not been apprehended.
One of the officials in the District At
torney's office said that there was little
hope that either Of the men would be
I arrested last night. Just what he meant
to convey by that statement remained
a mystery. There was no one who would
admit that Fuller and McGee were fugi-
tives from justice and still no one to
say that the District Attorneys Office
knew where the indicted brokers were.
Not the least interesting phase OF the
indictments was that having to do with
the fact that they were returned with
out Mr.. Schreiber, who presented the
evidence. having had access to the books
OF the Il. NJ. Fuller company. Unable
to get the books, he proceeded to build
up his case without them. He had the
affidavits of persons and concerns doing
business with the Fuller concern, and he
was able to subpoena and peruse the
books of brokers through whom the de-
funct house manipulated accounts. From
such paper he was able to compile suffi-
cient data TO convince the Grand Jury
| that indictments were necessary.
| 4 n IA M Ia
| first time that such indictments have
been returned without the prosecuting
officer having first had access 20 the de-
fendant's books.
That the business Of summoning suffl-
| oient evidence TO convince the Grand
Jury was difficult was admitted by Mr.
Banton.' who encountered a somewhat
battling disposition among the major
employees OF the defunct brokerage con-
cern to Illustrate his and Mr.. Schreiber's
efforts to get facts.
Warns subordinntes.
While neither Mr.. Banton nor Mr..
Schreiber would be specfic--in fact, the
latter declined to discuss the indict-
nents and their accomplishment at all
the District Attorney issued a state
ment In which he gave over-reticent
"underlings' fair warning that he Is
| ABOUT through COnOOnlHk loNdiAy ~ wv
is led TO believe such loyalty is tanta-
mount to defeating the ends of justice.
The statement reads:
1T has been my desire as a prosecu-
tor to see that the chief person con-
cerned in the commission Of a crime Is
convicted rather than that some under
ling should suffer. Too many times n
clerk lends himself TO wrongful conduct
through fear OF losing his position.
II have found this difficulty In the
prosecution OF brokerage cases In
many cases IL Is necessary TO prove
knowledge on the part of the members
Of the firm OF brokers when all that
the people have Is transaction In
which some subordinate OF the firm
acted. The customer meets the floor
man or some one else. and usually that
is as far as his testimony will 40 in
tending TO connect some one In the
concern with the transaction.
"Of course. IL the District Attorney is
prevented from getting testimony which
will connect the principals. he must
proceed against the subordinates. or
Continued on Page Three.