fessional duty. Mr. Davis said his client was denied a fair trial.
The alleged deed, the appeal maintained, was one which involved no “moral turpitude” and was based on a transaction “which caused no injury to any one and by which neither the defendant nor any one else profited in the slightest, and which had no effect on the closing of the Bank of United States.”
It was made plain at Kresel’s offices that the next step, an attempt to get the Appellate Division of the First Department, whose seat is in Manhattan, to reinstate the former assistant district attorney, will be taken without delay. He was disbarred as a consequence of the conviction.
A statement issued by Mr. Davis at his offices, also at 15 Broad street, said he was “quite gratified” at the Albany development.
ATTORNEY IS CONFIDENT
“The decision is just and fully warranted,” the statement declared. “At no time has my confidence been shaken for a moment in Mr. Kresel’s entire innocence and his personal and professional integrity.”
Kresel’s conviction came in November of 1933. His wife died last April. Her death was attributed to grief over the conviction and disbarment.
Born in the village of Podhaice, Austria, fifty-six years ago, he came to the United States with his widowed mother at the age of twelve. He was graduated from the Columbia Law School.
In 1900, under William Travers Jerome, Kresel was appointed a deputy assistant district attorney, and from then on his rise was rapid. He was associate counsel to the Merritt investigating committee of 1910 which sought to uncover fraudulent practices by members of the Legislature.
During the ambulance chasing scandal a few years back, the Appellate Division selected him to clean up, and when the bankruptcy evil arose he was again named to conduct an inquiry.
COUNSEL IN PROBE
His most spectacular triumph, however, came when Franklin D. Roosevelt, then Governor of New York, asked the Appellate Division to probe the situation in the Magistrates’ Courts here in connection with vice scandals.
Samuel Seabury acted as referee and Kresel was appointed counsel. Day after day the thin little manâ€”who has rarely weighed more than 100 pounds â€” brought in huskies of the Police Department who had wandered astray in the city’s vice zones and made them squirm. Some of them went to Sing Sing