New-York tribune., 1922-11-06

appear before the grand jury in this
county. Mr.. Pellet and John Cald-
we'll Myers, Assistant District Attor-
ney IN charge of the appeal division
of this office, then went into confer
ence in the library of the District At,
torney and reported in about an hour.
that, in their opinion, was correct
in my view of the law.
Later In the evening Mr.. Pellet tele-
phoned MIR. Myers that Mr.. Gilbert said
that he would present the cases to the
grand jury. This was brought to nv nv
attention Saturday morning. Octoher
Is, and ! telegraphed the Attorney Ger.
! eral that the responsibility for obtain
ing invalid indictments would rest Wit,
him.
Offers Assistants
After sending that telegram Mr..
Gilbert and Mr.. Embree called Satur-
day about noon. ! then called Mr. Gil
bert's attention to the law, and Of
fefed to place at his disposal any as
| sistants in this Office whom he might
select to present to the grand jury the
! evidence which he had accumulated 40
Deputy Attorney General, which. in his
opinion, showed violation of the nonal
provisions of the election law or If
the penal law. He declined this
offer. Mr.. Gilbert knows that have
on my staff Nelson Olcott. son OF for
mer Judge William M. X. Olcott. at one
time chairman Of the Republican Gown.
lY Committee of this county. and
GEORGE N. Brothers. Both M. Broth
eTs and Mr.. olcctt are Republicans. In
spite of my offer and of this knowledge
on the part OF Mr.. Gilbert he declined
to accept this assistance.
/.
quest, you directed the Attorney Gen.
eral to take over certain prosec,t;nns
pursuant to Section 2, Subd ~ tha
executive law. then told Mr.. Ci1hart
that the Attorney General had re-
quested me to have grand jury drawn
IN the Supreme Court for the December
term and, il you should supersede nj.
pursuant to Section 62, Subd. 2. he
could proceed before that grand iurv
at the December term and his act;on
would be valid. Mr.. Gilbert dec1;neJ
that suggestion.
1 then suggested that the Mapis-
4 trates' Courts were open to any lawyer
to appear as attorney for the complain
| ant and that he could take his cases
into the Magistrates Court and prose
| cute them to just determination !:
that those accused might be held either
for the grand jury OF Special Sessions.
as the case may be, and that those who
were heid for the grand jury would be
presented by my office to the grand
jury. This was declined.
Grain Upholds Banton
william Dean Embree, former AS
sistant District Attorney and a suIen-
did lawyer, was assigned by Mr.. Gilbert
| TO present these cases. Mr.. Enabree ana
waited upon Judge Grain October al
and asked him to determine two things:
| first, whether the Attorney General had
the right under the law to appear he
fore either of the grand juries then
sitting; and secondly, if Judge Grain
determined that the Attorney General
had the right that ne REQUEST the
regular grand jury of this county
to continue their sessions for the pur-
pose Of hearing the evidence to be pre-
sented by the Attorney General. Pend
ing the decision of Judge Grain, Mr..
Enlbree and / called upon the foreman
OF the regular grand jury and asked
MIN TO submit to his grand jury the
request of the Attorney General and
myself. that the sessions of the regular
grand jury be continued for the pur-
pose OF hearing such election cases az
the Attorney General wished to present
in the event the court determined he
had that right. Mr. Gordon, the fore
man of the regular grand jury. then
went in to his grand jury and returned
In few moments and stated that the
grand jury had voted to continue in
sessions for the purpose Of hearing tha
election cases. Later in the day. Mr..
Embree,. Mr.. Gilbsrt and appeared be-
fore Judge Grain, and Judge Grain de-
cided that the Attorney General and
his deputy have no right to appear be-
fore a grand tury.
Il have not received any request
from Mr.. Gilbert to present any evi.
dence collected by him to the grand
jury or to assist him in any war. I
stand READY to assist and co-oprate
with the Attorney General in the en-
foreemens Of the provisions of the penal
law relating to elections ard the per,al
provisions 9f the election law. The
reason that have taken the stand
that ! hnvssa---that I did not wish 10
q inruj{d SxAiNfv.,