The New York herald., 1922-03-31
LOSS OF EVIDENCE
HALTS FRAUD CASE
0VERs2O,OOOS7OCK
Banton Orders Search for
Papers Received in
Swami Regime.
ACCUSED IS BANKRUPT
Bruen. Roberts & Stake
Members Already
Indicted.
COMPLAINANT ANXIOUS
Insists Proper Action Would
Have FOrestalled Losses to
Other Investors.
COMPLAINANT ANXIOUS

Documentary evidence lost from the
District Attorneys office has held up
a complaint against stock brokerage
firm while the firm has gone into
bankruptcy, two of it's members have
been indicted twice and the third
member indicted once on other
charges, it was learned yesterday.
District Attorney Banton has dc
manded that the papers be produced
and search is being made for them.
Mr.. Banton has not announced what
course he will pursue If the documents
arc not found.
The complaint is that of Edward
Babcock filed late last summer against
Bruen. Roberts & Stake, then of 80
Broadway. alleging larceny of upward
of $4,000 through stock transactions.
says he turned over his evidence TO
William O'Shaughnessy, formerly Dep
uty Assistant District Attorney. Mr..
Banton ordered the Babcock case to the
sistant District Attorney. Mr.. McQuaid
asked MIR. oshaughnessy for the papers.
Mr.. O'Shaughnessy said he gave the
papers to John T. Dooling. formerly As
sistant District Attorney. whom Mr.
Babcock had consulted after having seen
Mr., o'Shaughnessy. Mr.. Dooling says
Mr. o'Shaushnessy never gave him the
papers
Thinks Evidence MisIafd.
The complaint Is In the hands of Jer-
ONE Simmons. Assistant District Attor-
ney. who says he is ready to push the
charge whenever he can get hold of the
missing evidence. Mr.. Banton says he
Is going to find the evidence. Mr.
O'Shaughnessy says he will look through
his own files again. but he wants per-
mission to go through the files OF the
District Attorneys Office. and believes
he will find that the papers were mis-
laid in the confusion OF Mr. Dooling's
winding UP his connection with the office
Mr.. Babcock says he doesn't care who
has the papers, but they have got TO be
produced or he will know why.
II
plant. which was filed under the Swami
regime. had been pushed promptly the
operations OF Bruen. Roberts & Stake
would have been arrested before they
had chance to 20 into bankruptcy. and
others alleged to have been defraudei
BY the firm, as result OF which the in
dictments now are pending. would have
saved their money.
Mr.. Banton SAYS he has no reason
to accept that statement as true, be-
cause he doesn't know whether Mr..
Batcock's charges would hold good be-
fore a Grand Jury. and II they did.
whether they would have had the ef-
feet on the defendants as described by
Mr.. Babcock
These were the various arguments,
refutations. explanations and alibis Of
fered by the various interested parties
without going into the merits or de-
merits OF the phraseology selected in
some of the explanations.
Left stock Exchange Firm.
According to Mr.. Babcock. before
Bruen. Roberts and Stake organized
their firm in May 1890. they talked so
glowingiy that they persuaded him TO
transfer his account from a New York
Stock Exchange house after they had
organized. but after some months eX-
perience with the new firm he became
suspicious Of their methods. He went
to great deal of trouble. he said. to
get the evidence. including not only the
confirmation slips Of his transactions.
but various affidavits. contracts. &C,
which he turned over to Mr.. OShaugh-
messy in a ma gistrate's court complaint.
His next dissatisfa elton. he said was
his failure 10 get quick action through
Mr.. 'Shaughnessy. He called on Mr..
Banton. then acting District Attorney.
and on Mr.. Dooling. then an assist
ant. who was handling many bucket
ing and stock larceny cases. but the
matter was not speeded up a great deal
The District Attorneys office admits