The sun., 1908-05-08
FIsCHER.HANsEN CASE UP.
Motion 10 Dismiss the Indictment Argued
BEFORE judge ROsaIsky.

! A long fight was made yesterday before
Judge Rosslsky Of General Sessions for the
| dismissal Of the indictment for extorhon
against Carl Fischer Hansen, the lawyer
who is accused by Joseph 'Brien, decora-
tor Of Philadelphia, Of getting $4,000 from
him by threatening TO bring a suit for $780,
900 on behalf Of Tony Macaluso, an Italian
boy.
The argument for Fischer Hansen was
made by John p. Mcintyre, who contended
that the evidence before the Grand Jury
was insufficient and illegal Mr. Mcintyre
submitted brief Of seventy-odd pages in
which there ia recital Of how O'Brien and
Macaluso met and extracts Of the testimony
taken before the Grand Jury
Mr. Mcintyre sets forth that after Briea
met Maoaluso the boy was a guest
at O'Brien's Philadelphia home. Tnen
! 0'Brien went to Europe and while he was
abroad he wrote six or seven letters 70
| Macaluso O'Brien says he got the letters
back from Fischer-H Hansen after he paid
! over the SIS 900 and destroyed them, II Ia
stated also in the brief that while o Brien
was in Europe Macaluso "tntruded on
| O'Briens mother in Philadelphia and lived
there for two or three days Mr.. Mcintyre
| added
In the early part Of January, 1908, o Brlen,
after a conversation with a Mr Dosing, an
| intimate friend Of bis. and accompanied by
the latter. called upon Mr.. Hansen A.
his home, whore II Is alleged that Hansen
informed O'Brien that there was pend
ing against him an action brought by
Macauso to recover tiO0OOO as damages
! for kicking him In the side and which
| Hansen thought could be settled for t25, ,OOO,
and that he had in his possession the letters
written by OBrien 10 Macaluso but had
sent them out OF the State because the other
side wanted them and desired To bring
! the matter to the District Attorney
! Hansen also informed him that the letters
we're incriminatinR and would be published
| In New York and Philadelphia No agree
! mpnt was made At the time a. 10 what was
! to be done. and O'Brien LETT stating that he
would not pay anything unless he had seen the
| letters
| Mr.. McIntyres brief tells how first $40 900
was paid to Fischer Hansen at the Hotel
Manhattan by O'Brien's friend Bowling,
who is a decorator, and then a few days
later after Fischer Hansen had exhibited
the 0'Brien letters and diary kept by
|
! The following day the letters and diary we're
turned over to O'BHen. Mr.. Mcintyre
Incorporates in his brief extracts from the
diary. This was part OF . 'Bren's eHamlna-
ton before the Grand jury
O. Did he (Fischer-Hsnsen indicate the
nature Of the charges that would he based
on those letters Of yours? A. No he didn't
not directly, but hintsd about them being
| immoral.
O. What did be say about the way Of
| hintinR Do YOU recollect anything? A. He
said | acted immorally With the boy.
o. That is what he said? 4. Yes, He said
that would come out In the papers oh, that
would come out in the papers and that would
destroy me and my business and all my
family
! o. What vas the charge contained against
you in the atidavit made by Msoaluso ?
| 4. Well. really not oh, he charged me with
/ the most awful things that never did.
., In that aflidayit did he tMacaluso =,
mention the name Of other men? A. Yes, sir:
II really mentioned names Of my friends whom
| he met in Philadelphia who were thoroughly
innocent Of everything and who thought
| that it-.Oh. really It was a shame oh, ]
| felt that even--thAt II the money was paid
| il would save trouble and great sorrow for
! not only myself but for other people.
Q. Can YOU recolect anything he sald about
| those letters? A. Well. he really said that
| these letters IL he was to go before Grand
! Jury with these letters would have no more
chance than a SNOWFALL in hell.
Assistant District Attorney Smyth op-
posed the motion saying that the evidence
before the Grand Jury was sufficient and
legal. Judge Rosalsky gave the lawyers
until Tuesday TO file briefs.