The New York herald., 1922-05-30
DIER BOOKSOPENED
!. TO CRIMINAL ACTION
UNDER TAFT RULING
BantOn to Subpoena All Ac-
counts From Receiver
for Prosecution.
FINDS DELAYS ENDED
Where $3,OOO,OOO Went and
Who Is Responsible May
Be Determined.
G. A. STONEHAM ACCUSED
Bankruptcy Creditor Says He
Failed to Report Deal as
Law Requires.
Special Dispatch TO THE NEW YORK HERALD
New York Herald Bureau.
Washington. ID. c., Nav 20.

Special Dispatch to THE NEW YORK HERALD
New York Herald Bureau.
Washington. ID. C.. May 20.
Tie United States Supreme Court
to-day removed the obstacles in the
way of Joab II. Banton. District At
torney Of New York county, in his
fight to get possession of the books
and papers Of the defunct brokera ge
of E. ID. DER & Co. of New York city
Chief Justice Taft gave a decision
on two motions made by counsel for
the brokerage firm. He refused to
grant a further stay in the case. TIE
effect being that District Attorney
Banton is free 20 subpoena the books,
so that he may go over them with a
view of determining whether criminal
proceedings are warranted.
Tie Chief Justice also refused to
advance the case for argument before
the Supreme Court. on the ground
that it was not Of sufficient impor-
tance to warrant such action.
Subpoena for Books Mt Once.
John Caldwell Myers. assistant to Mr..
Banton. telephoned to New York i'm
medlately after the decision. He ex-
pected that a subpoena would be issued
Tomorrow for the books. which are in
the hands OF Manfred w. Enrich, the
trustee in bankruptcy and receiver for
the Dier firm. Otto A. Sc.,lobhom, coun-
sci for Mr.. Enrich. said the receiver
would not interfere with the books being
turned over to the District Attorney.
The case was taken to the Supreme
Court on May Is BY Nash lockwood,
counsel for the DER company. who asked
that stay be continued to prevent the
books being turned over to the District
Attorney. He informed the court that
an application for injunction had been
made to Judge Hand in the United
States District Court in New York. and
that while it had been denied Judge
Hand issued a stay until the case could
be decided by the Supreme Court. The
Supreme Court in turn issued tempo
rary order continuing the action Of
Judge Hand until it could go into the
merits of the case.
Whole Case Turns on Books.
District Attorney Banton through Mr.
Myers. fought to prevent the Supreme
Court from granting a further stay in
the proceedings. The counsel for the
referee, Mr.. Enrich. also opposed it.
1t was represented to the Supreme
Court that the case against the Dier
organization and Elmore ID. Dier, Harry
j. Lawrence, Jr., and Lawrence Starr.
individually and as copartners was
being delayed. Mr.. Banton's intention
was to get hold of the books and learn
what has happened to about $4,000, 900
which disappeared
The Supreme Court was informed that
further stay would tic the hands not
only Of the District Attorney of the
county OF New York. but also OF the
United states Attorney for the Southern
District OF New York, in the Dler case
and also in the cases OF Fred Andrews.
Bernard Fl. Andrews. August Stroh and
such members OF the New York Stock
Exchange as Carpenter. Caffry & Co
and of the Consolidated Stock Exchange
of New York. such as Percy Thomas.