New-York tribune., 1920-05-16

about the concealment of assets" de-
clared Myers.
THE witness has the right to refuse
to answer on that ground" ruled Com
missioner Gilchrist.
"Where do you live?" resumed
Myers.
. "0ne West Eighty-third Street"
"Wherc else"
That's all, and the Tombs."
"Haven't you been at Huntington,
"ln the summer"
AT this point Fallon was whispering
IN his clients ear. Myers objected
loudly and demanded the exclusion of
Fallon from the room.
MI Hallon as counsel for the wit
ness has the right to be present. but
ne must not advise the witness as to
ms answer ruled Commissioner Gill
christ.
when were you at HUNTINGTON
last?' asked Myers.
Contempt Laid to Fallon
Falion's lips were moving and Nicky
was doing his best to catch his coun
sells whispers.
Hes told him again, your honor"
SAID Myers. II ask that Tallon be pun
lshed for contempt of court"
Commissioners Glchrst plucked at
one of his mutton chop whiskcrs with
one hand and adjusted his spectacIes
with the other.
Myers slammed a fist down on tho
table. II demand that something be
done. He keeps telling him what to
say
ut is the witnesses privilege to re.
luse to answer on the ground men
toned; not his coun.sps privilege"
Myers repeated his question and Arm
stein replied:
i m sorry gentlemen. I must refuse
to answer on the ground that it NAV
incrminate me"
THAT is sufficient" acquicsced the
Commissioner. Mr. Fallon was the
on y one who looked happy.
We're you in New York this morn
ing" continued Myers.
Yes" replied Nicky.
"What time did you get herc?"
About nine-thirty."
Where did you come from?"
For the same reason l refuse to
answer"
Thereafter Nicky refused to saw
whether he had gone to ! West Eighty
third Street, or to Fallon's office or
where he was on Friday, replying to
each of Myers's questions with: II dc.
cline to answer because it NAV in.
crlminate me-"
Arnstein admitted that he had a
brother named Louis and one named
Jack. Louis Is lawyer at lS4th Street
ana Park Avenue, and also is build
ing contractor. Jack, he said. when
last he heard of him was selling furni-
ture in Providence, r. |. He said he
dldnt know, where his father lived,
hadn't seen him in some time and never
entertained him at dinner He denied
knowing where his mother lived, and
said the last time he had seen her,
quite Ill. He said he had an idea she |
lived IN the Bronx. He was equally |
hazy about his two sisters, Johanna and |
Cessna. He said he didn't know |
whether Johanna was married or
divorced. Myers said the purpose of |
his questions about Arnstein's relatives !
was to learn where there were safety
deposit vaults in which assets might be
concealed.
What is your wifc's namc?" re-
sumed Myers.
Fannie"
"What is her mothers address?"
Lawyers Clash Again
Arnstein had started to answer when |
Fallon expressed to the commissioner
this opinions:
81 don't think my client ought to
answer any of these questions" Fa-
lon. emphasized "any." Nicky nodded
his head
"Your honor ought to advise him as
to his rights" continued Fallon.
Thereafter Arnstein answered very
few questions except with his stock |
reply that he feared he would incrimi- !
nate himself. Sometimes when Com
missioner Gilchrist pressed him he said |
that to answer might degrade him.
Once he said that to answer might both
lncriminate and degrade him. He made
MS stock reply to questions as to
whether he knew Irwin Gluck, Harry
Fox, James Keene, David Haynes, Ed
W. Eatserday, Hartford jimmy" Al