The New York herald., 1922-11-06
Banton's Comment.

When Gov. Millers letter was read
over the telephone to District Attorney
Banton at his home last night (he will
not receive the letter in the ordinary
course of the mails until this morning)
he said:
Il shall write to the Governor to-
morrow to assure him that without
fear or favor or regard for position L
shall prosecute every case OF election
law violation in this county. IL Deputy
Attorney General Gilbert mad turned
over to me the fraud evidence he says
he has l could have presented that evil
dence to the Grand Jury, could have
secured Indictments by this time and
could even have brought the cases to
trial.
Instead Mr.. Gilbert insisted on re-
tanning the evidence himself and in
sisted on presenting it to the Grand
Jury himself This Is clearly against
the law, since the Attorney-Generai may
not appear before a Grand Jury in this
county. The whole trouble here is that
Mr.. Gilbert refused to give me the evil
dence. l do not believe for moment
that Gov. Miller has any real doubt as
to how I shall perform my duty"
Mr.. Banton's letter of November ? to
| Gov. Miller follows:
My DEAR Gov MILLER: Considerable
| publicity has been given TO the mis-
understanding between Deputy Attorney
/ General Gilbert and me. 1t was not
until Friday. October %. that Mr.. G!i-
bert, through Mr.. Pellet. sent word that
he would require the Grand Jury of this
| county for the first, second and third
DAYS of November. 1t was then that l
notified Mr. Pellet that, in view OF the
fact that the prison calendar or cases
awaiting presentment numbered only
/ forty-five (Which is less than half of its
size last year), the regular Grand Jury
had voted to adjourn on Tuesday. Octo-
Der 81 and the additional Grand Jury
was sitting TO hear one case which would
require three days in presentment, but
that l would appear before the regular
Grand Jury and ask them to continue
their sittings for the Attorney-General.
In that conversation ] called the at
tention of Mr.. Pellet to the provisions of
the law and expressed to him my opinion
that the Attorney General did not have
the right under the law to appear before
the Grand Jury in this county. Mr.. Pei
4 let and John Caldwell Myers. Assistant
District Attorney in charge OF the ap-
peal division Of this office, then went into
| conference In the library of the District
Attorney 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 Mr. Myers that Mr.. Gilbert said
that he would present the eases to the
| Grand Jury. This was brought to my
attention Saturday morning, October 2S,
and / telegraphed the Attorney General
that the responsibility for obtaining in
valid indictments would rest with him.
/ After sending that telegram Mr.. Gil
/ bert and MIR. Embrce called Saturday
about noon. 1 then called Mr.. Gilbert $
attention to the law and offered to place
at his disposal any assistants in this
office whom he might select to present
TO the Grand Jury the evidence which
! ne had accumulated as Deputy Attorney
! General which in his opinion showed
\ n violation OF the penal provisions OF
/ the election law or OF the penal law.
! lie declined this offer Mr.. Gilbert
\ knows that I have on my stan Nelson
! Olcott. son OF former Judge william
/ NJ X. Olcott. Mt ono time chairman
I OF the Republican County Committee OF
I this county. and George N. Brothers.
\ Both Mr. Brothers and Mr. Olcott are
/ Republicans In spite OF my offer and
/ of this knowledge on the part OF Mr..
! Gilbert, he declined to accept this as
/ sistancc.
You may remember fhat at my re-
] quest NVu hlttAtu Ah' NNNoAAAt9 -NfNHfA ht
TO take over certain prosecutions pur-
suant TO Section 60. Subd. ?, OF tho OK
/ ecutivo law. then told Mr.. Gilbert
| that the Attorney General had requested
me 10 have Grand Jury drawn I'm the
Supreme Court for the December term
and. II you should supersede me. pur-
suant to Section 62, Subd. 2, he could
proceed before that Grand Jury at the
| December term and his action would
be valid. Mr.. Gilbert declined that sug-
Eesiion.
/ then suggested that the Magistrates
courts wero open to any lawyer to ap-
I pear as attorney for the complainant
and that he could take his cases into
/ tho Magistrates courts and prosecute
/ them 20 a just determination IN
I thosc accused might &c held either for
I the Grand Jury or srScial Sessions. az