The New York herald., 1922-04-18
JURY DOUBTS GUILT
OF HORIZONS SLAYER
Would Overturn Conviction
of Laresch in Killing of
Police Officer.
CASE TO GO TO MILLER
Mrs. Brooks Should Not Be
Tried on Any Charge,
Says Presentment.
WHITMAN is INSTRUCTED
Finding Fails to Conjecture on
Who Fired Fatal Shot in
West 146th Street.

Nicholas Laresch, now serving
twenty year to life sentence for the
murder of Police Lieut.. Floyd Horton,
was wrongly convicted, and Mrs. Lu-
cille Emma Brooks, against whom
much suspicion has been directed,
should not be tried. it was asserted in
a presentment yesterday by the So
called Whitman Grand Jury impan-
eled to investigate the case.
Justice Wasservogel of the Supreme
Court. who received the preseniment.
instructed Charles S. Whitman, as
Special Deputy Attorney General. to
lay the jury recommendations before
Gov. Miller.
The new investigation was started to
determine if Mrs Brooks could or should
be prosecuted for her connection with
the shooting OF the police officer in
West 146th street just east of Broadway
on December IT, 1920. Her exoneration
by the jury was not unexpected, but the
strong recommendation for executive
clemency for Laresch caused astonish-
ment to those who had been following
the case. The foreman Of the jury was
Cyrus l.. Sulzberger. meat packer. of
3o5 West End avenue.
"Doubtful of Laresch's Guilt"
Regarding Laresch the presentment
said.
"The jury believes from the evidence
presented before it that there is very
grave doubt as TO whether Nicholas
Laresch was in fact guilty OF the crime
OF which he has been convicted, or OF
any crime in the killing of Lieut..
Horton"
The jury made clear that it did not
criticize the manner in which the trial
was conducted by either the presiding
Judge nor by the District Attorney. The
report said:
"Under the facts as presented at the
trial the verdict could hardly have been
otherwise. Laresch was not called as a
witness and no testimony was offered
on his behalf
Laresch's lawyer was Bernard Sand
Ter. who was opposed by George n.
Brothers. Assistant District Attorney. as
prosecutor. The trial was before Judge
Grain In General Sessions in July, 1921
Laresch was convicted of murder in the
second degree.
Mrs. Brooks. who was in the taxicab
on the running board of which Horton
was shot down after a robbery In a near
by apartment house. was taken by her
lawyer. Joab ii. Banton. now District
Attorney. before the Grand Jury which
found the indictment against Laresch.
At the time this was thought TO mean
immunity for her and she was not tried.
"CompIaints OF Whitewashing."
Recently Mr.. Banton received several
letters complaining against Mrs.
Brooks's 'whitewashing." He requested
Gov. Miller to have the Attorney-Gen-
eral supersede him so the case could be
rcopened Mr.. Whitman was appointed
to do this last February. The report of
the Grand Jury on this phase says:
Lucille Emma Brooks obtained no
immunity from prosecution by reason
OF her having appeared as witness
and having testified before the Grand
Jury which found the indictment
against Nicholas Laresch or by reason
of her having appeared and given
testimony upon the trial or Laresch.
She obtained no immunity by stipula-
tion or agreement Of the District At
torney."
The effect of this, however. is offset
by the following
Under the law as stated by the Spe-
cial Deputy Attorney-General and the
learned court the evidence does not
warrant the finding of an indictment
against the said Lucille Emma Brooks
for the murder of Lieut. Horton
I.aresch Is in the Tombs to which he
was taken from Auburn prison to be
available to appear before the Grand
Jury.
At the same time Lieut. Horton was
shot, Joe Laresch, brother. OF Nicholas.
was killed. The officer was off duty
when he saw one OF the men run out
from che apartment house door with a
pistol in his hand and enter N waiting
automobile. He jumped on the running
board. shot into the car, killing joe
whether this man fired before he died
and was the murderer of Horton could
not be established. The presentment
leaves no other Interpretation OF the af-
20 ~