New-York tribune., 1920-05-16

stowo' mostly men and boys, circled
ABOUT Nicky. who smiled a bit uncer.
va. SSa;Iniy and pulled his fiat gray cap a
bit tighter on his head.
Come on. Get a taxi" demanded
Tailon of the marshals, aud Defective
| Wilson replied: ''''
Il don't see any. Well run into on,
presently" '"'' VIZ
Almost every step travelled bv the
procession from the Criminal Courts
Building to the Federal Building was
recorded by the movie cameras. and the
crowd consequently grew greater al
every stride. o.
In the office of United States Mar
shall Thomas Mccarthy the denntiee a
We're instructed to take their prisone,
before Judge Knox, whose Offices are
on the twelfth floor Of the Woolworth
building. ''" " vi
There Fallon, while the party await.
eed the arrival of Judge Knox. had .
client WIZ" MS
~ don't think you know how manv
crimes there are in the penal code. y
SAID tallon, but l think there arc
1our that they haven't charged Won
with. Probably before the end of tbo bo
afternoon You will have the distinc-
ton of being charged with Those fon,
also" ''''c looi
Called Before Judge
failon's appearance was decided
contrast to his clients. The lawvor
mad been up all night and his collar
wa. was soiled and his face unshaved.
Nlcky, however, evidently had spent a
comfortable night somewhere. His
oiack, low w-quartered shoes were pol
iShed, ms green socks were smooth
ABOUT his ankles and his blue serge
SUIT was unwrnkled, but It clasbed
unbecomingly with purple knit tie.
Judge Knox entered the room then
and Nlcky and the others rose to at
tention.
Myers opened the proceedings by ad-
dressing the court as follows:
Your honor, this defendant has
stolen somewhere between $1,000 900
and S2,C00.000 in securities. He is un
Ger indictment in the state courts AND
we waited with your honor's order
ant1i the defendants bail had been
fixed al the Tombs.
Then the warden refused to obev
your honors writ and this lawyer, Fai-
ION, advised him he need not obey it.
Somebody should be committed for CON
tempt. The defendant was brorg
here on a writ of ne excat.
THE defendant should be compea.ed
to testify at once as to where he
secreted the missing assets. or else he
should be committed to the Tombs."
Fallon rose here and said:
"This defendant came into this iur-
isdiction voluntarily and deposited
$4,000 bail, although it had been clear
ly agreed that 100000 bail would be
accepted. The amount of bail was in
creased merely for the purpose Of
harrassing and annoying him.
This man contends, and think
properly, that he is entirely innocent
OF the offenses charged against him.
There are few thieves who have en-
deayored to eXculpate themselves by
duplicating him. He has had no op-
portunity to consult with his counsel
and this proceeding is an effort to gain
from him bond that is oppressive.
Il ask your honor to allow him to 90
in my custody. l pledge you my honor
that he will appear here whenever he
is wanted"
Nicky wiped his dry lips with
cream -colored silk handkerchief and
watched Judge Knox.
Attack on FaIlon's Partner
Myers began to speak again.
This lawyer pledged you his homer
that the defendant, who has been in
hiding for three months, will appear
IN court whenever he is wanted and
| want to say that it is public scandal
that his partner went on the stand in
the hearing before your commissioner
IN bankruptcy and was drunk He was
drunk so that It Was noted by every
partner, McGee, interviewed this de-
fendant in hotel in cleveland and then
the defendant disappeared. No at
tempt was then made to surrender him
to this court. What we are concerned
with now is the discovery of assets"
Fallon replied to Myers's attack on
ms partner by saying that only per
sons OF low intelligence would resort to
that kind of debate. Then he added
tnat every surety company. including
the one that Myers represented, had
made it as difficult as possible for Arm
stein to come back to New York.
Judge Knox finally said that he
would fix bail at $4,000 to insure Arm
stems appearance in court Monday
afternoon.
"In that case, your honor" declared
Fallon, I'VE take the alternative of pro-
ceeding with this examination this af-
ternoon. We might as we'll begin now
as any time"
Judge Knox acceded to this, and
Arnstein, his lawyer, Myers and the
deputy marshals, and Detective Wilson.
of course, returned to the Federal
Building, across Broadway, and went to
the Office Of Commissioner in Bank |
ruptcy Alexander Gilchrist jr.
Arnstein took his seat at a table
before Commissioner Gilchrist and OPP
posite Myers before Fallon had
reached the room. Myers Immediately
began to examine Arnstein.
What is your full name?" he asked |
Jules Arndsten," was the reply.
How do you spell it?"
"A-r-n- d-s- -t-e-i-n."
What other names have you gone
by?"
Here Nicky glanced nervously about
and, noting Fallon's absence, said he
couldn't answer any more questions
until his counsel was present. Myers
agreed to wait on Fallon, explaining
hat he hadn't noticed his absence.
Question of Names Passed
When Fallon arrived and the exam
ner reached the question: "What
,ther names have you gone by?" Fall
on interposed an objection.
I'VE refuse to say anything about
'ther names on the ground that it may
end to incriminate or degrade him."
"We are only going to question him
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