The New York herald., 1922-10-29
BANTON AIDS GILBERT
in REGISTRY FRAUDS
But. District Attorney Objects
to Going to Grand Juries In
stead Of Magistrates.
THREE NEW DEPUTIES
Evidence Shows Seventy at
One Polling Place Assisted
in Marking Ballots.
THREE NEW DEPUTIES

Evidence OF fraudulent and illegal
registrations grew to such an extent
yesterday that A. S. Gilbert, Deputy
Attorney General in charge of the in
vestigation, added three more lawyers
TO his staff, specifically for presenting
the matter to Grand Jury Of New
York county.
He and his assistants conferred with
District Attorney Banton, who offered
him the facilities of his office and full
cooperation in presenting the cases.
This work will begin tomorrow.
In making the announcement of the
appointments Mr.. Gilbert said his new
assistants are William Dean Embree
formerly Of the District Attorneys Of
flee and for two years in charge Of its
indictment bureau: Leslie S. Lockhart
for six years In the District Attorneys
Office. and Samuel Marks. former Assem-
blyman.
Mr.. Gilbert promised to get additional
lawyers as fast as information Is coll
Iected in cases which are coming into
big office every hour" He went on I:
- have had number Of inspectors Of
election before me to-day for examina-
tion. In every instance in which | have
examined inspectors ] find that they
have utterly ignored the provisions OF
the election law affecting claims for as
sistance
"In the Seventh Election district of
the Fourth Assembly district more than
seventy people are marked as claiming
assistance. Some Of them were first
Tx, 1Aet IT, l.. t.t. e.
assistance was on the ground that the
voter did not know how to prepare the
ballot. There was not the slightest pre-
tense of physical disability.
"A warrant was issued this morning
for witness subppnaed by this office
yesterday who failed to appear Fall
ure to attend pursuant to a subpoena is
sued from this Office Is misdemeanor
After the conference of Mr.. Gilbert
and his assistants. Mr.. Pellet and Mr..
Embore. with Mr.. Banton and his as
sistant. Ferdinand Pecora, Mr. Banton
sent the following telegram to Charles
ID. Newton. Attorney-General:
Special Deputy Attorney General
Gilbert insists on presenting cases of
alleged frauds In registration to Grand
Jury impaneled I'm General Sessions,
New York county. Have advised Mr.
Gilbert that he has no right to appear
before Grand Jury in this county and
that indictments obtained as a result Of
evidence presented by him may be in
valid. and have also advised him that
would act II requested by him.
Il advise you of this situation so that
responsibility may rest with your office
for obtaining invalid indictments Policy
OF this office where defendants and wit
nesses are in the county is to present
complaints OF this kind TO the Magis-
trates' Court. This was pursued as a
result of certain frauds revealed in elec-
tIon last year. Defendants were held
and since have been Indicted"
Mr.. Gilbert could not be reached for
comment on the telegram.
This is not the flrst time Mr.. Gilbert
and Mr. Banton have worked on election
frauds. Mr.. Banton, as IN assistant to
District Attorney Edward Swami. pros
ecuted and obtained conviction In the
election fraud cases growing out Of the
1917 primary, In which William NJ
Bennett and John Purroy Mitchell were
contestants for the Republican May
orally nomination. MIR Gilbert was at
torney for Mr. Mitchell in the ballot
examinations.
Grover NJ. Moscowitz Special Deputy
Attorney-Genera In Brooklyn, continued
his Investigations and reported grow
ing mass OF evidence OF illegal registra-
ton. He expects TO present large
number of complaints OF violation Of The
election law TO a Kings County Grand
Jury tomorrow. Hearings continued all
day and hundreds OF subppnas are in
the hands Of process servers,