New-York tribune., 1922-06-01
BantOn Orders
Dier Co. Books
To Jury To-day
Receiver Is Served With a
Subpoena TO Produce All
Records. Under Penalty
Of Contempt Charge
Crime Evidence Is Sought
Charles A. Stoncham Ap-
pears in Court. but Case
Is Delayed Till Tomorrow

District Attorney Banton yesterday
served grand jury subpoena upon
Manfred ". Enrich, receiver and trus-
tee for the dcfunct brokerage house Of
+. D. der & Co. calling for delivery
OF the DER company books before the
grand jury to-day under penalty Of
being deemed guilty Of contempt Of
court This is the first move made hy
Mr. Banton TO procure the books since
the United States Supreme Court.
Monday. denied =. u. Dicr's applca-
tion Tor an injunction 20 restrain tho
District Attorney from having access
20 them.
Mr. Banton said the Supreme Court
decision makes 10 possible for him 90
subpoena the books OF other brokerage
concerns who have gone into bank
ruptcv since the campaign against
"bucketeers" was commenced and who
failed 20 claim their constitutional
rights against seizure OF their books
No Agreement Reached
Mr. Enrich had indicated a desire 20
come 20 an agreement with Mr. Ban
ton whereby the latter would not be-
compelled 20 demand physical posses
sion OF the der company books
pending the hearings which are being
held before Seaman Miller. referee IN
bankruptcy. into the many alleged
fraudulent transactions OF tho der
firm lie was 20 have communicated
with the District Attorney yesterday
regarding such an agreement. but up
% the time SIR. Banton left his Office
fcr the DAY had not done 20.
The subpoena commands Mr. Enrich
20 appear before the grand jury, bring
ing with him "al ledgcrs. hlottors.
cash and checks. bank deposit books.
stock records and an other routine
books Of tho firm Of T. y. Dicr & Co,
o. which you are tho receiver.
Evidence Of Crime Sought
Mr. Banton first tried 20 get posses
sion Of the books four months ago. but
was blocked when tho receiver got them
first. neccssitatirc the matter being
taken into United States District
Court. where n decision IN favor OF
Mr. Banton was handed down. but ~
once appealed
Whether any Of the Dicr firm other
than Dior himself. former dentist. BE-
involved In the alleged Illegal opera
ton OF the company. SIR. Banton eaid
he thus far has had no way of know
ing. but he expects 20 know or soon o.
he has examined tho books lic said
nc did not intend for bis staff 20 take
any action against individuals until
this examination has been completed.
The same was applicable 90 Charles =.
Stoneham he shid. who last saturday
was served with summons 20 appear
in the First Magistrates Court yesfcr-
day 20 answer 20 the charge oi wolat-
ing Section 957 % the penal law, which
requires a BOXER 20 supply complete
information Of any transaction 90
which he is q party.
Mr. Stoneham and his attorney. Leo
Z. Bondy. were the first 20 present
themselves in court yesterday morning.
when the summons was rcturnahlc.
They arrived ten minutes ahead OF the
time stipulated IN the summons and
waited until the preliminary business
OF the court vas disposed OF before Dir.
Stoneham was called.
Daniel ". Biumenthal. counsel for
TIE der company creditors protective
committee, who caused the summons 20
be served on Mr.. Stoneham. appeared
for +. r. Wilson, lumber man o. Nc
Leansboro. III.
Upon assurance Of Mr. Blumenthal
that the complainant would be produced
70 morrow Magistrate Simpson ad-
iourned the hearing 20 , o'clock to-
morrow afternoon.