The New York herald., 1922-09-26
Finds Publication Called
for Immediate Trial for
Alleged Bucketing.
ALSO PRINTED DETAILS
Bankrupt Broker Thrown Out
Of Several Clubs Because
of Publicity.


charges OF grand larceny and bucket
ing. will not go to trial tomorrow,
since Justice Wasservogel in Supreme
Court yesterday allowed him time to
present an application for change Of
venue. Justice Wasservogel also d-
rected District Attorney Banton to
show cause tomorrow why the trial
should not take place outside New
York county.
Dier and three of his lawyers Will
lam M. K. Olcott, Nash lockwood and
Max l.. Arnstein, said in affidavits that
fair and impartial trial could not be
obtained in New York county owing to
widespread publicity in the newspapers
which held the defendant up to public
ridicule, passion and prejudice.
Dier's affidavit recited at great length
alleged indignities and prosecutions
which, he asserts. he has suffered at the
hands of the public and the press
particularly THE NEW YORK HERALD,
which is mentioned specifically as being
one of the most clamorous for his imme-
date trial.
"Systematic Attack by Press"
Dier asserted that until a petition in
bankruptcy was filed against him on
January 16, 1922. he had been highly
respected as citizen and business man.
Thereafter, he says, in part:
THE fact of the financial difficulty
and bankruptcy was given widespread
publicity by the press of New York city
and was followed by a systematic attack
through the press. At the hearings be-
fore the referee in bankruptcy l was
hooted and jeered at by assembled
creditors, two of whom threatened my
life. The press commented upon myDex-
animation bitterly and with manifest
prejudice.
II was referred to as swindler and
thief who had caused poor people to
lose all their money. ! was held UP 10
public ridicule. passion and prejudice as
one who had improperly used other
peoples money. I was charged with
having conducted bucket shop, was re-
ferred to as a criminal and articles were
printed calling upon the District Attor-
ney to act against me.
"Caustic and bitter comment in the
papers has continued practically unin-
terrupted down 20 the present time.
THE New York HERALD and the
Brooklyn, Daily Eagle printed what they
called crusades against bucketing, and
not only printed every detail OF the
bankruptcy proceedings but gave every
thing connected with my firm especial
prominence and called upon the District
g. on1 Il
bucketing and grand larceny, and con-
tanned editorials against bucketing
and alleged violations OF law. State
ments of numerous people were
printed at great length In which was
deeply excoriatcd and, In substance.
branded as swindler and held up to
public ridicule. passion and prejudice
"Ali OF said reports were published
with large scare heads. My picture was
published repeatedly in various news
papers. 1t was charged that j endeav-
ored to secrete property through the use
of my wife and that / had used the
money Of my customers improperly, eX-
pending II in riotous living and In gifts
to my wife and others, and that had In
one year made away with over half a
million dollars OF creditors money.
"Prior to January IS, 1922, had. as
far as 1 know, maintained an honorable
and upright position in the community
and had been highly regarded as a busi-
ness man. After publication of the ar
ticles referred to I found / was being
publicly Stunned. Many people with
whom I had previously associated re-
fused to see me and when ] called them
up announced that they were out when
knew that they were In.
-.
and also from all connection with the
exchanges. l have received many anon
ymous letters threatening me. accus-
ing me OF high crimes and misdemean-
ors, calling me a swindler. a thief and
otherwise rejecting the newspaper preju-
dice which had been instigated against
me. Attorneys for the trustee in bank
ruptcy sent out letters In substance re-
ferring to me az a swindler and my fall
ure as one Of the most gigantic frauds
which have ever occurred In New York
"Threatened with violence"
When ] have been walking on the
street in New York I have been ac-
costed by strangers TO me who threat
cned me with personal violence. and
who have shouted and yelled at me and
made me an object OF public attention.
The fact OF my indictment was again
blazed forth in the public press in large
headlines both here and in Philadelphia.
My picture was again printed, the Dis
trict Attorney was commended for
bringing me to the bar OF justice and
my immediate trial was demanded.
THE NEW YORK HERALD has from
time to time, in substance. demanded
that l be Immediately tried. Some of
the newspapers in New York commented
upon my indictment. stating the length
of time for which could be imprisoned
upon all OF the kRdictments. treating my
conviction as a forcgone conclusion.
II am convinced that prejudice against
me has found permanent lodgment in
the minds OF the citizens OF New York
county. There has been created against
me such deep seated prejudice that has
assumed vast and tremendous proper
tions. There has been more comment
made upon my failure by the New
York press than has been accorded 10
cases Of the utmost criminality, inoiud-
ing murder in the first degree. In fact.
Il would seem from the public press
that am one OF the greatest and most |
apject criminals Of modern history and
should be Immediately brought to the |