The New York herald., 1922-02-04
WHITMAN WlLLSEEK
HORTON CASE FACTS
Newton Names Him to See
if Justice Was Done in
Murder Trial.
HINTS OF FAVORITISM
Immunity of Mrs. Brooks,
in Car When Officer Is
Killed, Is Talk Basis.
BANTON HER LAWYER
New Grand Jury Inquiry Soon
Under Attorney-GeneraPs
Auspices.
BANToN HER LAWYER

The office of Attorney General
Charles d. Newton announced in AL
bany yesterday that Charles S. Whit
man had been appointed to conduct
the Grand Jury investigation ordered
by Gov. Miller into all Charges of ia
voritism and miscarriage of justice in
connection with the murder of Lieut..
Floyd Horton Of the New York Police
Department, who was killed in Broad
way near 146th street on the night of
December II, 1920.
The directions of the Governor are
that the inquiry look specifically ito
any criminal charges against Mrs. Lu-
cille Brooks arising from her connec-
ton with the crime"
Mr.. Whitman said at his home last
night that he had received notice of his
appointment as Deputy Attorney Cen
eral and that he had accepted it. He
would not comment on the investiga-
tion, however, nor divu!ge the line along
which he intended to work. He said
that so far he had not had time to fa-
miliarize himself with the case and the
charges that were made against Mrs.
Brooks apd that he could not make any
comment until he had had an opportu-
nifty to make an examination of the
papers.
To Start Early I'm Week.
This, he said, he expected to be able
to do Monday or Tuesday. He inti-
mated that the investigation would be-
gin as soon as he has had time to go
over the case with the District Attor
neys office.
Gov Miller ordered the investigation
into the charges against Mrs. Brooks
and her release as a result of ner testi-
mony before the Grand Jury at the in
stance OF Joab II. Banton. now District
Attorney but then in private practice
and acting as counsel for Mrs. Brooks.
Soon afterward he was appointed chief
assistant to District Attorney Edward
Swami. Nicholas Laresch received a life
sentence for his part in the murder OF
Lieut.. Horton, and during his trial his
attorney, Bernard Sander, frequently
made charges that favoritism had been
shown TO Mrs Brooks because she had
been allowed to testify before the Grand
Jury and obtain immunity.
Intimations or bribery also have been
made. although there have been no direct
charges to this effect Since the trial of
Laresch Mr.. Banton has received many
complaints about the leniency shown TO
Mrs. Brooks and many requests that the
case be recpened.
Mrs. Brooks In Automobile.
Mrs Brooks was in the automobile
with Laresch when Lieut.. Horton was
murdered. She and Nicholas and his
brother. Nicholas Joseph Laresch, had
gone to an apartment house at $40 West
1i6th street to attack a negro elevator
operator accused by Mrs. Brooks of
making improper advances to her.
Lieut.. Horton was near the apartment
house when he saw two men run out
and jump into the automobile. They
had not found the elevator operator
but had held up another employee Of
the building.
Lieut. Horton jumped on the running
board and shot fired from the auto
mobile killed him. Laresch declared at
his trial tnat he had killed Lieut.. Hor-
ton at the request of Mrs. Brooks, who
was shot I'm the arm by the policeman.