New-York tribune., 1922-10-08
Dier Complains
He Cannot Have
Fair Trial Here
Appeal for Change of Ven,le
in So. 900, 600 Failure
Case Backed by 437 Af-
fidavi,s Charging Guilt
Hearing Fixed October L
Alexander & Co., Brokers,
Declared Bankrupts With
Liabilities of 500, 900

attorneys FOR Elmore D. Dier, in
dicted senior partner of the bankrupt
stock brokerage firm of Z. D. Dier &
Co., which failed last February for
about sS,ooo,oeD, served upon District
Attorney Banton yesterday papers in
the motion for change of venue on
the ground of prejudiced public opin-
ion. The motion is returnable before
Justice Marsh in Part | of the Supreme
Court on October II.
Some time before the service of these
papers whole library of affidavits,
numbering 437 all told, had been fled
at the Criminal Courts Building by
Dlers attorneys. All of them, it was
stated, recte that Elmore D. DER is
guilty Of the crime of bucketing orders
for the purchase and sale of stocks, in
the opinions of the affiants. The affi-
davits were not filed for the purpose
Of Fastening the dentist brokers con-
viction. but rather to show that he can
not get fair trial in New York
County in the present state of public
mind
The afidavits, the defendants
lawyers explained, were obtained from
43I persons who were approached at
randou among the population of the
city. They we're obtained after 2,520
residents in the town had been inter
viewed " staff of assistants sent out
20 ,l,-,,,
further explained.
Press Comment Also Filed
Included in the volumes filed are FIVE
books of photostatic copies of news
paper articles written on the der case
from the time of the bankruptcy last
February, down to the time of the in
dictment. The 437 affidavits are bound
up in volumes, each affidavit taking up
five typewriter pages, six volumes in
all, the volumes about an inch and a
half thick.
Three creditors with claims for serv-
ices rendered filed a petition in bank
ruptcy against Alexander & CO., stock
brokers at Wall Street, yesterday.
The firm consists of James J. Morrow
]r. and Paul Alexander. The petition
IN bankrl ptcy sets forth the liabilities
Inc claims are: Lavinia Markham,
$500; Gertrude A. Vein, S10O, and
Ruby Benjamin, $252.
An investigator from the District At
torney's Office reported back that the
telephone message had been sent by
some one who overheard the employed s
discussing their failure to be paid off
The firm, which was a small one with
only seven employees, belonged to the
Consolidated Exchange. No complaint
had been received Mr.. Schreiber con-
cluded, against the firm
After the announcement of the Alex
ander bankruptcy Benjamin F. Schrei
ber, Assistant District Attorney, in
formed reporters that some one had
telephoned to him Friday night that
when an attempt had been made to
draw money from the bank for the pay
roll the bank stated that the account
had been withdrawn. The telephone
lnformer said he was q bookkeeper for
Alexander g. Co.
Alice III. Moran Is Receiver
Judge Learned Hand appointed Alice
b. Moran receiver, under a SO 900 bond
Saul S. Myers, attorney for Louis B
Wehle, receiver for Mosher G. Wallrce
stock brokers, some of whose credi-
tors have been protesting at the delay
III Wlhulng up It's afalrs, sent out on
Friday notices of hearings on recla-
nation claims of creditors who are
seeking to recover specific securities.
The heari, gs will begin or October 10
before Referee Peter B. Olney ir., GO
William Street The notice also states
that report will be filed asking that
first dividend of 25 per cent be de-
clared and paid at once.
The trustee in bankruptcy has about
Sl42'o00 in hapd, it is stated, and Sc
curities worth about $4,000.