The sun., 1908-06-17
THE FISCHER HANSEN TRIAL 4
CASE MUST GO TO JURY-MOTEON
TO DISMISS DENIED.

the BOY Macaluso, Protected by the state,
Reasserts sOmo Of the Charges on
which SIS 900 Was Extracted From
O'Bricn-Testimony About tho Dicker.
The prosecution closed yesterday after
noon it's case against Carl Fisoher-H Hansen.
the lawyer who is accused OF cxtorting
$4,000 from Joseph e. 0Brien Of Phila-
delphia on threats that scandalous charges
would be madc against 0Brien. John F.
Mcintyre OF counsel for Fischer-Hansen
moved to dismiss the case but the motion
was denied by Justice Gofi. Mr.. Mcintyre
announced that he would make other mo-
tions this morning, when the defence will
begin.
When Tony Macaluso. the italian boy
on whose behalf the money was extracted.
had told his story Of criminal relations with
o'Brien the prosecution produced John j.
Mccarthy, cashier for Francis N. Bowling.
the Fifth avenue decorator. who put up tho
SIS 900 for his lifelong friend OBrien.
Mccarthy handled the money. He Is
broad shouldered. thick set Irishman with
strong head. covered with hair that 10 snow
white and q gray niustaohe. He brought
into the case about the first sign Of deoency.
He had mans voice and he made the win
dows rattle.
Mccarthy said that he had been employed
by Bowling for about ton years and had q
slight interest In bis business. The first
time he met Fischer-Hansen was on Janu-
ary 70, when he paid over $4,000 to the
lawyer. Fischer Hansen said, according
to Mccarthy, that unless the money was
paid the O'Brien letters to Macaluso, which
he had in his possession. would be published.
There would be terrible scandal Fischer
Hansen said.
The next day Fischer Hansen called at
Dowlng's Fifth avenue shop. The lawyer
said that "the people downtown" were not
satisfied They wanted $1,000 more. Dow
ling said it was impossible to get it as the
bank was closed. Mccarthy said that he
did not know but that he was compounding
felony. He said he did not know what
the legal aspect of the situation was.
settle the case
you see that house across the street
the lawyer said, pointing TO a house. "You
buy that house and you put up the money.
1t is exactly the same thing here. You pay
the money for these letters and they are
yours"
At the next meeting he had with Fischer
Hansen O'Brien was present. The lawyer
declared that the people were howling' for
the money and that O'Brien would have to
pay or take the consequences. O'Brien
| asked to be allowed to go to Philadelphia
and said he would get the money and be
back in couple Of days. O'Brien agreed to
| pay the money, and before he left he signed
| a statement. which was prepared by Fischer
Hansen. saying that he would pay the
money.
-Fischer- Hansen said that unless the
money was produced the newspapers would
| get the letters the witness testified.
Then Lawyer John j. Buckley was called
| in. He protested against any more money
being paid. Fischer-Hansen said that un-
less the money was paid he would be
| knocking at Perkins's door The prose-
cution will contend that Fischer ansen
meant the door to the room Of Assistant
District Attorney Perkins, who is in charge
| according to Mccarthy. that o 'Brien might
! be proved innocent in a criminal action, but
the stigma that would attach to him as q
/ result Of the publication OF the letters would
always remain.
Mccarthy stood up under cross-examina-
| tion from Lawyer Arthur C. Palmer better
! than any other witness. He said he pro-
tested against paying the money and it was
| then that Fischer Hansen made the simile
that it was as legal as buying the house
| across the street.
did you call him blackmailer?" asked
Mr.. Palmer.
| NO answered Mccarthy promptly,
but told him it looked to me like black
mail l told him that O'Brien should have
| lawyer and that would see that he got
! one. 1 tried to connect with Mr. Buckley
| and called him in as the lawyer The first
thing Mr.. Buckley did was to demand the
$4,000 back Hansen said. It's gone. L
Mr.. Palmer wanted to know il when
Fischer Hansen spoke of knocking at Mr..
Perkins's door" Buckley answered that's
Just the thing to do Mccarthy said that
was Buckley's answer; to go to the District
Attorney.
There were insinuations in questions
asked Of Mr.. Mccarthy that he was in the
same class with some Of the others on the
lowed a denial Many of the questions
we're ruled out, and finally Justice Goff said
to the jury:
Gentlemen of the jury, ! charge you to
pay no attention TO counsel's questions and
the manner in which he puts them unless
the questions were allowed.
Fischer -Hansen's counsel, but Justice Goff
did not heed them. Then Lawyer Palmer
asked one more question, whether Mccarthy
as business man would pay out cash on
proposition such as he had testified to.
Hansen demanded cash, said Mccarthy,
and that ended his testimony.
The boy Macaluso was on the witness
stand most of the day. His story did not
tally with O'Brien's. He declared that his
relations with OBrien were criminal and
that he had had such relations with other
men. He said that Q'Brien had introduced
him to about twenty-five men, mostly
Philadelphians, and they we're queer
people" like O'Brien. He told Of dinners
and other celebrations, some Of which
O'Brien has denied any knowledge Of.
Afriend "A young man who was steerer for
lawyer, sent Maoaluso to Fischer -Hansen's q
office with his complaint against O'Brien
for assault.
Macallso told Of going to Cleveland to
get the O'Brien letters They read the
letters In Fischer Hansen's Office and
everybody laughed a good deal. Then
Macaluso made his statement or complaint.
Fischer Hansen told him that he ought
to get a lot Of money.
y want to say broke In Macaluso, that
Mr.. Smyth has promised me absolute i'm
munity In this case.
"That is conceded said Mr.. Smyth.
:. Macaluso said he protested against some
OF the statements Fischer-Hansen put in