New-York tribune., 1922-10-29
Banton Bars
ElectionFrauds
From Juries
Declares Special Deputy At
torney General Gilbert
Has No Right to Ask
for Indictments Here
Alleged Promise Broken
Investigator Says Many In
spectors Ignore Assist
ance Provision of Law

| district Attorney Banton announced
last night that A. S. Gilbert, specia
Deputy Attorney General in charge Of
the work of preventing Tammany elec
tion thieves from stealing the election
had no right to go before any of the
local grand juries to ask indictments
Ten minutes before Mr.. Banton lei
it be known that he did not believe Mr.
Gilbert had the right to go before
grand jury the special Deputy Attorney
General said that he had made all ar.
rangements with Mr.. Banton to pre-
sent cases of illegal and fraudulent
registration and other forms Of elec.
tion thievery before one of Mr.. Ban
TONS grand juries, and that he would
begin to do SO early tomorrow morn.
ing, as soon as one of the grand juries
convened.
This, Mr. Gilbert said, had been ar.
ranged during the afternoon at a con.
ference attended by Mr.. Banton and
Assistant District Attorney Ferdinand
Pecors on one side, and Mr.. Gilbert
and his two chief aids, William Pei
let and William Dean Embree.
Says Cooperation Was Offered
"Mr. Banton and Mr.. Pecora,, said
Mr.. Gilbert, rendered Mr.. Pellet, Mr.
Embree and myself all the facilities
of their Office 30 far as they may be
required as we'll as their full co-opera.
tion generally"
Mr.. Gilbert could not be reached
after he left the office. last night. hui
he will be at his desk this morning
Considerable speculation was aroused
as to what caused District Attorney
Banton to change his mind.
Mr.: Banton said last night, in COM
mentng on the Misunderstanding;
i've reached rather fixed conclu-
sion and to my mind he [Mr. Gilbertl
has no right to appear before one Of
our grand juries."
Advises Albany
Mr.. Banton made public telegram
ne sent last night to Attorney General
Newton at Albany. 1t read:
Special Deputy Attorney General
Gilbert insists on presenting cases of
alleged frauds in registration to grand
Jury empanelled in General Sessions,
New York County. Have advised MIR,
hilbert that he has no right to appear
before a grand jury in this country, and
that indictments obtained as O result
OF evidence presented by him NAV be
invalid, and also have advised him that
l would act if requested by him.
advise you of this situation 80 that re
sponsibillty may rest with your Office
Tor obtaining invalid indictments,
Policy OF this Office, where defendants
and witnesses are in the county. is to
present complaints of this kind to the
magistrates court. This was pursued
as result of certain a:auda revealed
IN election last Year. Defendants were
held and since have been indicted"
AT SIX o'clock last night Mr.. Gilbert
before leaving his office, informed Th.e,
tribune representative that he would
pc able to obtain indictments on Mon
day: He had at that time seemingly
no information from District Attorney
Banton that there was clash of
opinion.
IN discussing the days work he said /:
Evidence of Fraud
II have had number of inspectors
OF election before me to-day for exami-
nation In every instance in which |
nave examined inspectors, find that
they utterly have ignored the proyis-
ions of the Election Law affecting
claims for assistance. In the seventh
election district Of the 4th Assembly
District more than seventy persons are
marked as claiming assistance. Some
OF them were frst voters. In most
instances the claim for assistance was
upon the ground that the voter did not
know how to prepare the ballot. There
was not the slightest pretense OF
physical disability.
"A warrant was issued this morning
for witness subpanaed by this Office
yesterday, who failed to appear. .Fail-
ure to attend, pursuant to subpoena
issued from this Office, is a misde-
meanor."
State Senator John Godfrey SAKE is-
sued fiat denial last night Of the
charge that he had written or mad been
connected in any way with Mayor Hy-
lan's attack uron Mr.. GiIhert's attnmpt
to keep the election free from frauds.
But" SAID Senatoe Sake. as sll8ir-
man of the law committee Of the Demo
cratic State Committee, want to say
that in my opinion the Mayor was abso-
1utely right, and that not only / but
every decent citizen Of New York re-
sents this charge of fraud in this city
and thoroughly agrees with the Mayor