The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-23
ARNSTEDN CASE
TO JURY TO-DAY;
COHEN NOT HEARD
Master Mind Barred From
Witness Stand by Wash
ington Judge.
Is HELD FOR TRIAL
Defence in Bond Theft Suit
Comes to a Sudden
Close.
EXPECT EARLY VERDICT
State Claims Investors Lost
S5,000,000 Through Wall
Street Ring
EXPECT EARLY VERDICT
Special Despatch to THE NEw YORK HERALD
New York Herald Bureau,
Washington, ID. c., Dec. ~.

Special Despatch to THE New YORK HERALD
New York Herald Bureau,
Washington, ID. C., Dec. 22.
Picturing the directors of the Wall
Street bond thefts as the evil genius
which brought to investors loss ap-
proximating 100000, Assistant Dis
trict Attorney James 3. Archer to-day
made the opening argument to tie jury
which is trying Jules W. c'Nicky'D
Arnstein, David W. Sullivan, Norman
S. Bowles and W. w Esterday.
Tomorrow will be given over to
closing argument by the United States
and the defence of Arnstein and the
other defendants through Attorneys
Fallon of New York and I. Morris
Wampler. 1t is practically certain the
Jury will receive last instructions and
deliberate before o'clock tomorrow
afternoon with a possible verdict by
night
The defence surprised the court with
the announcement that no further wit
nesses would be examined in its be-
| half. The arrest of Isadore Nick
Cohen here Tuesday night as an alleged
accompIice OF Arnstein and the other
accused men was the occasion of heated
argument by counsel for the defence
when court convened this morning.
Mr.. Fallon stated that the jury had
been prejudiced by. press reports of
Cohen's arrest. and asked that each
juryman be asked IL he had read the
reports. Justice Gould declined this
requc :. holding that jurors are always
instructed In advance never to read
printed reports of the trial they are
determining.
Mr. Fallon objected to the use OF
chart by the Government attorney,
which, Mr.. Archer said. was for the
purpose Of refreshing his recollection
as 10 tho long chain of evidence intro
duced i'm the trial. Judge Gould finally
decided that Archer could use the chart,
but must not .et the jury see II.
Traces stolen Security.
Mr.. Archer reviewed the travels Of
a stock certificate after 1t was snatched
from a Wall street messenger until II
reached Washington, where, he charged
1t found its way to the brokerage firm,
conspiracy had been formed in New
York by Arnstein. Cohen, Sullivan and
Gluck to bring stolen certificates 10
this city for hypothecauon IN local
banks.
The Jury was told that in proving
oonspiracy it was not necessary Tor the
United States to show that the crime
comulained OF actually resulted from the
combination OF minds to defraud some
one and transgrcss the laws. lac salu
II would be sufficient TO convict the de-
fendauts If it was proved beyond fea-
sonabIe doubt that the securities OF
which they had possession, and which
were stolen, we're disposed of mere oy
the defendants to banks as collateral on
loans.
Mr.. Archer did not rely solely upon
the testimony Of Joseph Gluck, wan
Street messenger, who confessed 10 the
thefts of bonds to prove his case ne
declared there was enough evioence pc
fore the jury Independent OF Giuck
testimony to send each of the accused TO
prison.
District Attorney Laskey tonight fixed
the hall OF Cohen at $4,000. 1t was re-
ported that friends of the alleged Mas
ter Mind" who spent the day In JAN
after a visit to the court house In Gus
tody of a deputy marshal. were trying
To raise this sum and allow him to go at
liberty until the time of his trial. JUS
tlce Gould previously announced In court
that Cohen would be placed on trial here
on the indictment charging him with the
theft of the Wall Street securities and
the conspiracy to bring them into the
District OF Columbia.
Bar Cohen as witness.
cohen was kept in the cell room in the.
court house while attorneys argued in
court whether he could be called as
witness without violating his constitu-
tional right not to incriminate himself
He denied himself to all callers and
asked the District Attorney to keep In
reviewers away from him.
Justice Gould said he did not see how
Cohen could be called as witness I'M
less the defence forebore to attempt to
impeach his testimony.
The court said he would not allow
Arnstein's counsel to impeach the testi-
mony OF Cohen, because this would not
be fair TO the witness
1T would be deprivlng him of his con-
sttutional rights to allow you to Inn
peach his testimony" ruled Judge Gould.
II have no personal interest in this case.
I am presiding here to see that justice is
done. | have never attempted to influ-
ence the jury one way or the other.
wv want the truth" said Fallon OF
counsel for Arnstein. 1--WE believe Cohen
could exonerate the defendants on trial
II he would tell the truth. IT his story
would. exonerate them we want It and
we are willing to take a chance of its
condemning them
Fallon made no objection TO the courts
ruling in barring Cohen as witness and
the Government then proceeded to state
It's case. The defence waived an opening
statement In order to have more time TO
argue the evidence. Archer will continue
his statement tomorrow morning and
Fallon and Wampler will speak for the
defendants after the Assistant District
Attorney has closed his speech.
MICHIGAN BANK ROBBED.
u. 49, NH ne 90 rr..,r ,,,n.,