The Washington herald., 1920-11-30
'NICKY' SEEKS
EXCLUSIONO OF
SEIZEDPAPERS
Bond Theft Case Is Halted
Pending Ruling Today
By Court.
DOCUMENTSIMPO OUNDED
Unlawful Search Charged
By Arnstein Lawyers
Jury Is Completed.

jay -
Jules (Nieky) Arnstein and his
alleged associates in the famous
IS, 100000 bond robbery. who are
now on trial before Justice Gould
in Criminal Court No. 1. may not
have to face a jury after today,
but may be free men before night
fall
1t all depends on how Justice
Gould will look upon, the motion
of Attorney William J. Falion. of
New York. counsel for Arnstein, 70
exclude the trunkful of documents
which were seized from the ofiices
of Sullivan and Company in New
York City shortly after the rob-
berry.
These documents. II is said. form
the substance Of all the prosecu-
Ition's hopes for convicting the al
legged master mind" and his as
sociates.
Judge Hears Heated Argument.
Justice Gould announced yester-
day evening. after q heated legal
battle between Fallon and Assist
ant District Attorney James Il.
Archer over the constitutional
rights of Arnstein with regard to
unlawful search and seizure. that
he would decide this morning
whethet or not he would comply
with Fallon's request and exclude
these papers on the ground that
they were unlawfully seized.
To combat the idea that such a
seizure took place United States At
torney John Z. Laskey introduced
John T. Dooling. Assistant District
Attorney of New York, who tes-
tifed that he obtained possession OF
the papers under a subpoena and
added that some of these papers
were furnished him by former
i; clients Of the firm OF Sullivan and
Compa n, Lsr4z--s- - = : - -,
while cross-exskaining booIing
Failon tried 10 show that the former
had not turned over 10 the clerk OF
the court all the papers so obtained
Stresses Rights Of Citisens.
In his argument Fallon laid
great stress on the rights of every
citizen to be immune from unIaw.
full search and seizure and kept this
constitutional right before the court
and the jury constantly. Fallor
! also maintained that the fact that
these papers and documents were
seized upon the order of a New
York court In bankruptcy proceed
ings and whether or not they could
be now used in a criminal case, was
a matter very much in dispute in
this Jurisdiction.
The attorneys for the defence
then introduced an affidavit by the
trustee in bankruptcy. stating that
he officially had no knowledge OF
the Sullivan papers and that they
had been in the custody of Mr.. Dool-
! ing since their seizure.
Thus. none of the defendants,
who include Wilen w. yesterday,
Norman S. Bowles, Joseph Gluck
| and David w. Sullivan, has really
gone to trial yet. The proceedings
! so far hinge on Justice Gould's de-
! cision this morning with regard 70
the seized papers.
Day Spent Selecting Jury.
Most of the morning and after
noon session OF the court was re-
quired in securing a jury.
After all the jurors were seated.
Assistant District Attorney Archer
declared that the prosecution would
prove that the defendants were
joint conspirators in a plot to bring
the stolen bonds into the District
and dispose of them here. Trips
| from New York City to Washington
alleged by the prosecution to have
! been made by Arnstein. Easterday
| and Sullivan. were described to the
jury. Archer contended that these
trips were solely for the purpose OF
marketing the stolen securities.
1t was after Archer finished HIS
| statements that Fallon jumped to
his feet with objections and motions
which have apparently halted the
| trial.
Papers Held by Court.
The trunkful Of papers. which
are said to contain a detailed rec
ord of the transactions of the firm
of Sullivan and Company, the firm
under whose name the bonds are
alleged to have been disposed of
were ordered impounded with Nor
gan H. Beach, clerk of the District
Supreme Court, last week by JUS
'tice Gould. T. Morris Wampler
associate counsel, with Fallon, at
tempted to get possession Of the
trunk and it's contents by a suit
in repleviu which was later dis
missed by the court.
Affidavits which tended to show
that the papers were not on record
in the bankruptcy proceedings in
volving Sullivan and Company were
introduced by Fallon.
/ None of the defendants has yet
manifested any concern over his
fate. They sat behind their counsel
all day yesterday as though they
were spectators instead of defend
ants. Arnstein appeared to be the
one most Interested. The trial will
be resumed at 10 o'clock this morn