The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-19
PUBLICITY HIS CONCERN
Innuendo and Unfulfilled
Promises Mark Conduct
~aa. of Arnstein Matter.
ELWELL CASE NEGLECTED
1t Was 36 Hours Before Dis
trict Attorney Moved for
an Inquiry.


The history of the administration of
District Attorney Swami is largely a
history of farcical Investigations that
have often resulted in making the
most serious cases take on humorous
aspect, and in putting thieves and
other malefactors in a position where
they were able to make laughing
stocks OF the public officials.
Heinous as was the offence Of the
band of conspirators who engineered
wholesale bond thefts in the financial
district during the latter part of 1919
and the early part Of 1920, and con-
temptible as these rogues were in their
dealings with weak minded messengers
whom they duped into becoming their
confederates, the inquiry into their
doings had not been long under way
in the District Attorneys office be-
fore it was being characterized by OBJ
servers as "a joke
Tragic as was the death Of Joseph
Bovine Elwell, whist expert and racing
man, on the early morning of June IL
last, the activities of District Attorney
Swami in connection with the case
succeeded in converting it into mat
ter of common jest.
When two former bank messengers
admitted, following their arrest last
February, that they had been involved
In plot to steal S5,000.000 worth of
negotiable securities in one day from
places below the Fulton street dead
line" and admitted having actually par
ticipated in the handling of stolen Sc
curities aggregating nearly $2.000,000,
the public thought some very swift ac-
ton was coming
Rich With Promises.
When Mr.. Swann's office jumped into
tho case and began to question these
messengers and other persons arrested
about higher ups" and master minds"
many folks thought that the jails would
soon be crammed with malefactors. What
Mr., Swanns office was Immediately con-
cerned in, however, was a sllcing of the
publicity pie, so that certain favored
ones could get their names into the
limelght before the excitement occa-
stoned by the arrest OF the boys should
abate.
For few weeks certain of Mr.. Swann's
aids said much about whom they were
going to prosecute and whom they were
going to send to Jail. There was an
abundance of picturesque material to
keep interest in the case alive. "Nicky"
Arnstein was in flight, and his actress
wife. Fannie Brice. was being quzzed
about his whereabouts big Nick" Cohn
had also done the disappearing act In
company with a young woman art stu
dent Various individuals known as
.'The Count" "Plunkey." ''Cheeks."
"Roughy," and by other attractive nom
de plumes. were mentioned mysteriously
City officials of Cleveland. Ohio, were
spoken of as "fixers." and 1t was said
that they were shielding big people" in
the bond theft cases. a prominent law
Yer of the same city was frequently men,
toned. All kinds of things were going
TO happen to these people.
District Attorney Swami took occasion
10 state several times that Mr.. Arnstein
would not surrender. but that he would
be dragged into the District Attorneys
office in handouts. like common
thief" When asked when and where
Nieky was to be captured he would make
some optimistic declaration.
But Nicky was apparently uncoH.
cerned lie sent utImatums demanding
reduction In the amount OF bail and
laying down conditions on which Mr.
Swami might see him. He made APP
pointments to give himself up. and then
tie case which the District Attorneys
Office had looked upon as a publicity
plum had soured in Mr.. Swanns mouth,
and he cut reporters short when they
plentioned Arnstein's name.
Returns with Pomp.
Finally, because he wanted to see his
w1fe and baby and TO get back TO his
old haunts, and not because he feared
Mr.. swami, Nicly returned to town with
something OF the pomp that usually
attends the Homecoming Of a victorious
hsro. The night before NiclSy gave HIM
self up one OF Mr.. Swans aids had
rdasserted that he would be arrested and
dragged into the building. but Nicky's
entrance into Mr.. Swann's Office was not
at all like this. He even had to wal;
several minutes for some one to accom-
modatingly place him under arrest
big Nick Cohn. who figures as
Nickys pal in the stories told about him.
issstili at liberty, and probably laughing
heartily over the threats and declara-
tions in which his name has been used
by Manhattan's prosecuting officer. Mr..
Swami cannot blame big Nick's" sue
cessful flight upon the newspapers. be-
cause big Nick had been gone for
several weeks before any OF the reporters
working upon the case obtained enough
information about him to warrant pub.
'lishing anything In relation to his con
nertion with the case.
Nothing has happened 10 the Cleveland
folks and nothing has happened TO Tho
Count and various other picturesque
characters who figured so prominently
in statements from Mr.. Swann's office.
The Cleveland attorney whose name had
been mentioned with frequency came
into this city In wrath and told one of
Mr.. Swann's aids that he would bring
suit against him IL the insinuations
about him did not stop. He also stated
10 newspapermen, and In the presence OF
this Same aid, that he had visited this
oity when the investigation was In its
earliest stages and had talked with this
member of Mr.. Swanns staff. notwith-
standing which newspapermen had been
given to understand that he was an
elusive character and that the District
Attorney was quite DESTROYS OF getting
him within his Jurisdiction for few
minutes. After he had called the Dis
trjct Attorneys blur tho misuse of his
name suddenly stopped
Kastel Waited for Action.
Phil kzstel another character who