New-York tribune., 1922-10-31
Brooklyn Poll
Fraud Cases Go
10 Grand jury
Kaston Co-operates With
Moscowitz i'm Presenting
Evidence Against Seven.
With Twelve More To-day
Gilbert Continues Inquiry
Judge Grain to Decide
on the Attorney Generals
Right to Seek indictments

While efforts OF Special Deputy A.
torncy General Gilbert to placs cv;
dence in more than score Of election
fraud cases before the grand jury were
blocked yesterday by District ATTORNEY
banson's declaration that such actor
would be illegal, Special Deputy Attor
ney General Moscowits, operating II
Brooklyn. appeared before the Crane
jury Of Kings County with District At
torncy Rustou's cooperation and pre-
sented evidence upon which seven in
dictments will be returned to-day.
Briefs prepared by Mr.. Banton anc
by Special Attorney General Emhret
for the Attorney Generals Office ii
which the contentious OF the two de
partment heads are set forth reached
Judge Grain late last night. A decision
will be rendered this morning. ~
Evidence in a dozen additional cases
will be presented to the Kings County
grand Jury this morning. Mr.. Mosco.
witt said last night he had sufficient
evidence in other canes to occupy the
grand jury's attention full week. MIR
Moscowitz has undertaken, in addition
to checking up names of persons con.
victed in the County Court, to round UP
flfty or more who have been convicted
tn the United States court.
Many Assisted Votes
eial investigators covering fraudulent
practices in the lower East Side, the
Bronx and Brooklyn water front dis
tricts, occupied the attention OF Mr..
Gilbert until late last night. A large
number of cases await presentation to
the grand jury. Reports are said to
reveal extensive colonization in con-
gested localities. The more serious
evil, Mr.. Gilbert said, is heavy per-
centage of assisted" votes. In several
districts these were declared to repre-
sent 10 and IL per cent Of total regis
tration.
An immediate result was the issuance
of subpoenas requiring all boards Of in
spectors in the 9Th Assembly District
to report at 1919 Broadway for exan,-
ination. They will be interrogated as
to why SO large proportion of voters
in that district required aid. Reasons
assigned include illiteracy as the prin-
N'P"t p'iSs poI III JhdUy lH6GauCcS In9
voter is declared to have been helped
because OF defective sight or nervous
ness" The nervous cases will receive
close scrutiny, Mr.. Gilbert said.
Court Decision To-day
Following n hearing before Judge
Grain in the Court of General Sessions
the October grany jury. at the request
OF Mr.. Embree, agreed to hear testi-
mony in connection with registration
frauds simultaneously. District Attor-
ney Banton notified Judge Grain that the
law forbids appearance before grand
5y Jury Of officials from the Attorney
Generals Office. Mr.. Er,bree and Mr..
Banton both were ordered to submit
briefs covering the point at issue. The
court will give a decision this morning
as to whether or not the grand 1ury
may legally act. Mr Gilbert said last
night that he felt every confidence that
Judge Grain would uphold the right Of
the Attorney General to appear.
If even small proportion of regis
tration offenders cast votes on Election
Day." said Mr.. Gilbert, "the police os
New York City are in for a busy ses-
sion. / am confident Chief Magistrate
McAdoo will see that the cases are not
thrown out of court. It is customary
to ask for evidence on arraignment.
but obviously we could not produce it
IN circumstances like the present with
out upsetting the entire election pro
cess.
Will Arrest Without Warrants
Il conferred with Magistrate Nc
Adoo to-day and promised him there
would be no applications gor warrants
We viii handle the matter by making
arrests on Election Day where felony
is charged without warrants. 1t is re-
grettable that there will be but three
days for presentation Of cases to the
grand jury. In consideration of the
brief time available, IL will be neces-
sary for US to select fragrant cases
which IN our Judgment require imme-
diate indictment"
Mr.. Gilbert heard evidence yester-
day in several cases Of alleged board
ing house colonization. Some Of these
cases were fagrantly fraudulent, he
said, and added: z {
anticipating the possibility of regis
tration from such houses / obtained
from the Board of Elections dupli-
cate list. Immediately thereafter I
ordered survey which gives the name
of every person residing in each listed
mouse; In many instances / find such
SAaAeE aiu 1Voaa}uk houses unlisted.
AS a result Of facts developed IN thts
survey intend to ask an amendment
to the law which will require every
householder keeping boarders to report
that fact for police registration.
In one case now under :nvestiga-
ton the occupant of building claims
seven boarders. This place does not
appear on the police list of roonning
houses. / AM convinced it is not and
never was asrooming house. This is
one Of the nlstters / intend to present
TO the grand jury II am permitted
TO appear before it,
Mr. MoscoEitz said his investigators
round evidence of extensive colonial
ton, embracing virtually the entire
brooklyn waterfront region. A num-
Der OF instances in which whisky and
cigars have been used in polling places
also are under investigation.
Barton Files Brief
District Attorney Banton's brief. filed
WIN Judge Grain, points out three
Meshods by which election frauds NAV
De prosecuted. The Attorney General
nay act, he asserts, under the. execu-
I've law before Supreme Court grand