New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-01-13
FISCHER-HANSEN HELD
Law P1RTNER ALSO UN-
DER ARREST.
Charged zah Bribery FoIIo5cing
Testimony GiUen at Trial Last
June-Big Bail Furnished.

way, were arrested yesterday afternoon at the
District Attorneys office ana held for further
examination in bail for $1,000 and $4,000
spectively, by Magistrate Krotel. sitting in the
District Attorneys Office. They charged
with violating Section 1l3 of the Penal Code
which provides a penalty for bribery of wit
nesses or the payment of money to witnesses
one about to become a witness for the withhold
ing of the truth
They were bailed out at the night court last
night. Isaac V Brokaw, of No. 1 East 18th
street, the father-in-law of Fischer Hansen
qualifying as bondsman and giving house and
lot valued at $4,000 at No 40 East 18th street.
as security.
For the last two days Assistant District At
torney Smyth has been conducting an investi-
cation to learn the reason why the testimony of
Tony MaCauso. a youth who testified in the
trial OF Carl Fischer-Hansen last June. when
he was acquitted Of the charge of extortiOn,
changed so materially one day from what It had
been the preceding day. Several witnesses
have been examined. among them the two law
yers, Fischer-Hansen and Michaeson. They
were asked TO return the District Attorneys
Office yesterday afternoon.
The two men went to the District Attorneys
office. where they were in consultation with Mr..
Smyth. when they were placed under arrest,
Magistrate KroteI was at the District Attor-
ney,s office the time. ana the two were
arraigned before him in the library. Former
Assistant District Attorney Vandver was at
the office and acted as attorney. for the pris-
oners
This is very serious matter" said As
sistant District Attorney Smyth.
CHARGE IS a FELONY.
Yes, the charge is serious one-the charge
is felony" said Magistrate Krotel.
L would ask behalf Of the District At
torney." said Mr.. Smyth, that bail be fixed at
100000 each"
Motion granted" said Magistrate KroteI.
Fischer Hansen and Michaelson denounced
their arrest. saying it was unfair to invite them
to a consultation with the Assistant District At
torney and then To arrest them Fischer Han
sen said he had been told by Assistant District
Attorney Smyth that action would be taken
against them. Mr.. Smyth denied this. and de
cared he had never said that action would
be taken.
Magistrate Krotel later reduced their bail.
making that for Fischer Hansen $1,000 and
that Of Michaelson $4,000. The two prisoners
were placed in the custody of Detective Russo,
Of the District Attorneys staff.
Among the papers Ia the case is long affi-
davit made by Joseph {. DE Varona, of No 25I
West aSth street. who says he private sec
retary to Fischer Hansen. He tells in the affi
davit Of having worked for Fischer Hansen.
then leaving his employ and going to Roches-
ter y Y: OF his return to New York. and sub
sequcnt employment sby Fischer-Hansen prior
10 his trial in June and how he aided in prepar-
ing the defence OF the lawyer at the trial.
DE vARoNA NOW IN CUSTODY.
This DC Varona is now in custody of the Dis
trict Attorney. he and Arthur Kesow. Of No
2OG0 Arthur avenue. subpoena server in the
District Attorneys office. having been detained
on Monday in connection with the same
De Varona. i'm his affidavit. says ne intro
duced Tony" Macaluso 10 Fischer-Hansen.
Fischer Hansen engaged as attorney for
MacaIuso. who had brought q serious charge
against Joseph Z. OBren, decorator, Of Phil
adelpha Later Fischer-Hanscn was accused
OF extorting $1,000 from the decorator and Of
trying to secure $4,000 more as the price Of
the boys silence 1t was this that led to the
trial of Ffscher-Hansen on the charge Of eN-
tortion, of which he acquitted.
In his affidavit De Varona tells of numerous
conversations he heard over the telephone and
of remarks made by Fischer Hansen regarding
the case. and ne also states that he saw Arthur
Kicsow several times In Fischer-Hansen's Of
fee He also includes In his affidavit the fol-
lowing letter. which he says was received by
Fischer-Hansen from Macaluso
Received your note from Arthur and under
stand am to testify that ] gave the $500 to
De Narona instead OF you having given II TO me-
and that | signed a complaint which was at
tach6d a summons in my SUIT against
O'Brien for damages. Further. that | was ad-
vised by you that / had no cause of action So
far as the suit based on contract for guardian
ship was concerned; that the retractlnS atlldaNlt
alluded 70 the oral statements which made ana
did not refer any way to the written aHldaNh
which I made concerning my relation with Jo-
kindly return these notes t. me by Arthur and
do not destroy them or everything VIII be at an
end between us.
MACALUSO A WITNESS.
The affidavit recites that Macaluso was called
70 the stand as a witness at the trial before 1t
was expected would be the He tells also
of being In the Sheriffs room at court one MORN
ing before Fischer Hansen arrived but Michael
son was already there. When Ffscher-Hansen
came in he asserts Fischer Hansen said TO
Michaelson: rs everything all right" Michael
son. he alleges replied, Yes. 1 him and
everything is all right" Then he goes on to re-
late that after Macauso had completed his
testimony he heard Fischer Hansen remark that
"MacalusO was the level and everything was
as he expected. and not others tried 10 make
him believe it would be"
There is also affidavit made by Elizabeth
WefbeI of No 323 West 34th street. who states
that she was a manicurist at the Broadway cen
traI Hotel in June 1908 when Macaluso was de-
tanned there during and for awhile before the
trial of Fischer Hansen. She tells of delivering
notes to Michaelson for Macaluso and receiving
repIies which she would deliver to Macaluso IN
the hotel She tells of one occasion when she
met Michaeson at the Hotel Plaza at the re-
,,,est Of Nacaluso She states that she took a
ride in a taxicab with MichaelsOn, and in the
course of the ride Michaelson handed her
package saving You give this to MacalusoI
She took the package. which. she says was
small piece of paper with an elastic around II
and containing money.
II could see the edges of the bills and know
il was money" the affidavit continues. Il took