New-York tribune., 1922-03-31
Small Goes to
Jail to Prevent
His Extradition
''Boy Broker Cancels His
Own Bail to Block Cana
dian Police: Prosecutor
Says Ruse Won't Work
Perkins's Partners Sought
Receiver Says They've Fled;
Banton's Office Searched
for Papers in Old Case

In strategic move to block his ex-
tradition to Canada, Samuel n. Small,
the boy broker, who is under charges
here and in Montreal, surrendered him
self yesterday and was committed to
the Tombs. The ruse, however. will
only have temporary effect, accord
ing to District Attorney Banton, who
SAID that AS soon as he received the
proper application he would waive
prosecution of Small and turn him
over to the Canadian authorities.
Small, who had been at liberty on
bail, took refuge yesterday morning
III Justice Wasservogc's courtroom,
where his alleged fellow offenders ap-
peared for sentence on charges to
which they have pleaded guilty He
was accompanied by his attorney, Eu-
gene F. McGee, who demanded an i'm
mediate trial for his client.
Mr.. McGee told Justice Wasservogel
that Deputy United States Marshal
and Canadian official were waiting
outside the courtroom to take Small
into custody and escort him across
| the border. Justice Wasservoge de-
clined to interfere. II said the mat
ter was not properly before him and
that he could set no earlier date than
April II for Small's trial.
Smars Bail Is Cancelled
Cautioning his client to remain in
the courtroom, Mr.. McGee sought
a conference with Assistant District
Attorney James j. Wilson, but was
,, informed that the District Attorney
would not make any effort to prevent
Small's arrest by the United States
arranged for the exoneration of
Small's bail, and the young broker
was taken to the safety of the Tombs.
The attorney contended that the sur
render made Small immune from
seizure by the Canadian authorities
until the indictment against him here
was either tried or dismissed
! Imposition of sentence on Isidore
Friedman and George Markelson, who
were indicted with Small, was indef-
nitely postponed by Justice Wasser-
vogel They were continued in bail
of $4,000 each. The three were ac-
cused by Alphonse Deschamps of
swindling him in the turnover of the
brokerage business of Friedman,
Markelson & Co., which had branch
office at Montreal. Small is alleged
to have been the brains of the trio
and to have heeced customers by
bucketing orders in the Montreal
office
"Where are the papers ~ was a
question raised in the District Attor-
ney's office yesterday after Edward
| Babcock, a business man, had related
to newpaper men a story of how he
had for months endeavored unsuc-
cessfully to get action on a complaint
against the bankrupt brokerage firm Of
Brucn, Roberts & Stake
1t caused District Attorney Banton
to order search for the missing data
and brought from two former mem
bers of the office under District At
torney Swami statements that left the
whereabouts of the papers up in the
air.
Charges $4,000 Swindle
Babcock alleges that he was heeccd
of 100000. The members Of the firm
are facing indictments, returned last
December, charging them with irregu-
larity in connection with case other
than that of Babcock.
| Babcock said that he brought his
complaint against the firm last May
and later turned over to William
| 'Shaughnessy, then Deputy Assist
Hi'''Si
affidavit, contract and about fifty CON
| firm alton orders.
O'Shaughnessy's explanation Of the
missing papers, given over the tele-
phone last night, was that he had
turned them over to John r. Dooling
when the latter was an Assistant Dis
trict Attorney under Swami.
81 have no knowledge of ever having
received the papers from Mr.. O'Shaugh-
Messy" Mr.. Dooling said. "We did
get some papers from the office of the
| firm after their bankruptcy. which
were duplicates Of some of the Bah
cock evidence. | got the indictments
against members of the firm in mat
ters Other than Babcock's. using this
evidence. Babcock wanted the Dis
trict Attorneys Office to shake down
this firm for about three times what
they owed him."
, When the bankruptcy case of George
H. Perkins g. Co., of so Broad Street