The Washington herald., 1920-12-21
ENOUGH EVIDENCE
TOCARRY ONBOND
CASE, SAYS COURT
Justice Gould Refuses
Motion Aimed at Imme-
diate Acquittal.

The threatened "blow up" Of the
case in which Jules (Nicky) Arm
stein, of New York City7, and Nor
man s. BowIes. Nwiien w. Easter
day and David w. Sullivan. Of this
city, are charged with conspiracy
to bring stolen bonds into the Dis
.trict in connection with the $5.0oo.-
900 bond robbery. was averted yes
terday when Justice Gould refused
to take the case away from the jury
by directing them TO bring In a ver-
dict of not guilty for all defend
ants then and there
The court put an end to pro-
longed and highly technical argu-
ment by Attorney T. Morris Wamp-
Ter, counsel for the three Washing
ton men. and william J. Fallon.
ounsel for Arnstein by stating in
plain words that there was enough
evidence to allow the case to be
handled by the jury in the regular
way. tr
The motion to discharge all the
defendants was made on the ground
that the government had not made
out its case against any of the de-
PENDANTS. During the arguments
counsel for the defense contended
that the local courts were entirely
without Jurisdiction to try the
cases. Fallon laid, great stress on
the point that the government was
attempting to convict Arnstein and
the others under q section of the
penal code that applied only to an
offense that was strictly local.
Gould Compliments Fallon.
Justice Gould then took under ad-
visement a separate motion to dis
charge Wilen w. Easterday and di-
rected Assistant District Attorney
James B. Archer to furnish the court
with a transcript of the record to
show what and how much evidence
had been introduced during the last
four weeks tending to implicate
that defendant.
In ruling on the motions to dis
charge the defendants Justice Gould
remarked that only the expert and
smooth delivery on the part of Fall
Ion persuaded him to listen to these
motions at all. FallopA smiled and
thanked the court for the compli-
ment..->
tertain the motions, Fallon noted
an appeal, which was consented to
by the court During the arguments
on the motions and the notice of
an appeal from the adverse ruling
the jury was absent.
Fallon still clings to his theory
that the prosecution has not made
out its case. and acting on this
witnesses instead of nearly 100 as
originally planned. In making this
announcement counsel for the de-
defense, which will begin promptly
at 10 o'clock this morning, would
be concluded by Christmas.
Local Courts Upheld.
wampler. who pleaded for a di-
rected verdict in behalf of Sullivan,
Bowles and Easterday, reviewed the
origin and growth of the District
Supreme Court in his arguments.
He believed that the court should
yield to his motion, he claimed, be-
cause of the original error of the
government in bringing the men TO
trial under a section of the United
States penal code. At this point
Justice Gould reminded the attorney
that previous trials had been predi-
Gated upon the correctness of the
proceedings in the local courts,
wampler then contended that IL
this practice was in error then it
should be stopped now.
With regard to Easterday, Wamp-
Ter contended that he was not in
volved in any of the circumstances
leading up to the bringing of the
alleged stolen bonds into the Dis
trict He challenged the prosecution
to show a single bit of evidence
strong enough to hold this defend
ant further.
The attorney claimed that East
erday was not an official of the
firm Of Sullivan and Company, bur
only a minor employe, who worked
and acted at the direction of the
co-partners of the firm. He had
nothing to do, in a direct manner.
wampler claimed, with the bond
transactions of that concern.
The court announced that 1t
would rule this morning on the mo-
fiAn 70 diSrhorOa Eaqfardav-