New-York tribune., 1920-05-19
Judge Refuses
To Cite Nicky
For Contempt
.Arnstein Upheld in Evad-
rig Questions al Bank
rupicy Hearisss y ~ia;ch He
Considers discriminating
Master Mind Seems Dull
Admits He Had Money, but
Refuses to Say How Much;
Larceny Charge Up To-day

Nickv Arnstein refused again Eester-
dav in the bankr@ptc? heari-g to
answer questions rropouHGed by Saul
Myers. representing the National
Surety Cor.pnny, concerning his assets
friends and relatives or his travels
The alleged master mind Of the bond
plots was so cautious he refused to
admit he knew the date Of Washington
Birthday.
The morning session ended when At
torney Myers asked Commissioner
Tallman to cite the witness for con-
tempt of court, and every one con-
cerned focked to the chambers Of Fed
eral Judge Knox, who agreed to con-
slider the subject for second time.
At 2:3o o'clock he received Com
missioner Tallman, Mr.. Myers and
William j. Fallon. Nickys counsel, in
his chambers and ruled that Arnsteins
constitutional privileges must be pro
tected; that the witness had right
to refuse to answer if he believed
that to reply would entangle him with
the Federal law.
Admits He Had Money
When the hearing was resumed be
fore Commissioner Tallman. Fallon
said that Myers had declared that the
purpose of the inquiry was TO snow
concealment of assets, and that Nlcky
would refuse to answer questions. be
cause concealment of assets is a crime
Nicky admitted that he has had
money in his possession or control, but
.hafb baC q II
10 cents or $10,000,0OO. He said he had
not been in business either alone or N
partnership at the time of the filing Of
the petition in bankruptcy.
He refused to say whether he knew
Phillip Kastel but when directed to re-
ply 10 the next question he declared
that he knew who Kastel was. He re-
fused to say whether he knew Sam
Doeffer or Nate Cook. Doetfer is county
prosecutor at Cleveland. Cook was sec
retary to former Mayor Harry Davis
now candidate for Governor Of Ohio.
At one point, Myers, defending his
line Of questions, SAID to Commissioner
Tallman:
Mr.. Fallon is jealousy guarding the
interests Of his client. l am going to
do the same for my clients, the cred
itors in this case Your honor will have
20 be the empire"
"Umpire,' corrected Mr. Fallon.
Met Fallon's Partner
Did you meet Mr.. McGee, Mr. .Fal-
Ions partner, in Cleveland ?" asked
Nicky.
Yes"
When"
Il can't remember"
What is your best recollection O.
the date?"
Il think February
Before or after Washington's Birth
day?"
ri cky looked blankly at Myers ane
shook head that appeared to contain
anything but master mind.
Il don't know what date that is" ht
said finally.
You can tell him-if you know,
coached Fallon in Nicky's ear.
Myers explained that it was Febru
airy %, but even then Nicky was un
able to fix the date of his conversation
with McGee.
DO you know Dona Arkin?" asket
Myers.
y cant answer, on the ground tina
It might incriminate me-" was Arm
stems stereotyped reply.
Silent on Brice Boys
Didn't you meet her in the Hote
Wnton, room 6Q4?"
No, but he is sorry he didn't" brok
in Fallon.
Did you meet either Of the Bric
boys, your wife's brothers, while yo
were away and divide 100000 cas-
with them?"
Il can't answer" said Nicky.
The hearing was adjourned then un
til o'clock next Monday Afternoon
Commissioner Tallman agreeing to Ger
tify his rulings to Judge Knox befor
then.
If Judge Knox overrules the Commits
sioner's rulings Nicky will be directe
to reply to the questions, and if he pei
sists in his refusal he may be com
mitted to the Ludlow Street jail fo
contempt.
Nicky will appear to-day in Genera
Sessions to plead to indictments charg
ing him with grand larceny in the frs
degree as a second offender