New-York tribune., 1920-05-16
ilrnstein Out
On Bail,Then
|, Is Rearrested
{CenHnued from pase ens)

i d times. 1uS'
erhere were plenty Of people willing
1 >. xhsek up ffty-ffty on the rewards
I .s.red for me. If / could have gotten
4 = vou. Gus, I'd have been glad to sur
/ ruder to you"
TI,etective Mayer thanked Mr.. Arm
4 .,.n. but the reporters who formed a
] .;sht h' circle about them thought his
raee lacked convincing fervor.
1 Then Mr.. Dooling arrived, his white
hair bit rufiied. and everybody.
Tsky and Fannie arm in arm, filed
Ms' ;,.o the chambers of Judge Thomas c.
r Grain, and MIR. Fallon said:
syour honor. | have brought back
his defendant who has long been
rsnted by the police. The police were
rnable to find him. He walks in and
.nrrenders himself Harold Norris.
,snresentative of the National Surety
cnmpany, informs me he has made ar
/ ysngements with District Attorney
Swann and Mr.. Dooling so that Arm
| s.ein will be released on 100000 bail.
/ that amount in Liberty bonds to be de-
nnsited with the City Chamberlain. viii
reur honor fix that bail?
/ Mr.. Fallon's 0emcanor indicated that
Ia believed the proceedings were but a
necessary foimslity,
Objection by Prosecutor
Assistant District Attorney Doolirg
here broke in with an objection. de-
handing that bail be fixed at 100000.
Ne said that in view of the public in
,erest in the case and reports that Arm
stein was connected with Wall Street
-ohberes of vast extent the minimum
bail exacted should be 100000.
Mr.. Falon's face got red. Arnstein
began to bite his ingernails. Then
Fsllon broke out:
Its dirty outrage. A contemplate
breach of faith y
When Mr.. Fallon stopped for breath
Judge Grain fixed bail at $4,000. and
Norris, the bondsman, who was acting
as private broker, scurried away in
search Of $4,000 more in Liberty
bonds, presumably from Arnold Roth
stein and Florenz Ziegfeld jr., Miss
Brce's employer, who were said to
have jointly posted the $4,000 in Lib
ertv bonds which it had been supposed
would be accepted.
Fannie had stopped humming "The
Rose Of Washington Square" and a
tear or two trickied down her cheeks
when she realized that her husband
was not to have his freedom at once.
As they waited there Saul S. Myers.
attorney for the National Surety Com
pany, entered.
Myers Serves Subpoena
Mr.. Myers Immediately served Arm
stein with a subpoena ordering him to
appear Immediately before United
States Commissioner in Bankruptcy
Alexander Gilchrist jr. in the Federal
Building. Arnstein, however, was
marched across the Bridge of Sighs
into the Tombs and there he was as
slgned to a cell on the top floor, light
and airy room, it was described bv the
turnkey who led the way.
Arnstein had been in his cell for an
hour and Fannie had been in the back
room OF cafe across the street for
the same length of time when Mr.. Fall
lon and Mr.. Norris entered the Tombs
with the additional bail. Acting War
den Thomas McManus refused to re-
lease the prisoner because the amount
Of bail was not indicated on the bench
variant or the indictment. Judge Grain
had gone home. He agreed to un-
lock the doors for Arnstein if Assist
ant District Attorney Dooling would in
dorse the amount of bail fixed on the
4dtt VI li4t OSINIi @dlTd.lI. MS was
done and then Arnsten was brought
down to ;he first floor
Saul Myers was there with a trio of
deputy United States marshals. So was
Detective Barton Wilson, of District
Attorney Swann's staff. Wilson whis-
pered that he was charged with the
duty of escorting Nicky to the Federal
Building.
Shouting Contest Starts
Myers had writ signed by Federal
Judge Knox ordering the warden to
denver the prisoner into the jurisdic-
ton of his court.
Deputy Marshal Whalen endeavored
10 serve the writ on the warden, who
SAID that NickY was no longer a pris-
oner, Then an effort was made to
serve 1t on Nicky who turned his back
and listened to the words of his law
yer.
Myers raised his voice in loud
shouts. and 50 did Fallon.
outside In the street the crowd of
several hundred, most of them soiled
Young boys from nearby tenements,
Struggled to catch glimpse of the tur-
moil within.
"Fallon has told this man to disre-
gard this writ" shouted Myers to the
ac'ing warden. "If you allow Arnstein
to leave here without service ri put
you IN the place of the BANKRUPT"
The warden was jingling his keys
heTously while Mr.. Fallon shouted in
one ear and Mr.. Myers in the other.
flnaIly Myers produced another
Sneai ;n Of typewritten pages, clearly an
important legal document. This proved !
" De writ of ne eXeat, or as Mr. !
myers explained, an order Of arrest to
iheep Arnstein in custody during the
bankruptcy proceedings. This order ,
va Vas signed by Judge Augustus N.
hahd several weeks ago, but Mr.. Fal- |
ION refused to show interest in it.
me warden unlocked the iron barred |
ooor and Detective Barton Wilson and |
" couple of the deputy marshals |
Saueezed out into the vestibule, and the
uoor was locked behind them.
Papers Served at Last
un the sidewalk the crowd struggled
" Keep simultaneously in range of the
IVie @oVie cameras set up there and the
1font Of the Tombs steps.
men at last the door was opened
sae s out came Fallon and Arnstein and
.asefs: The movie camera men began
NJ ~ grind Detective Wilson clutched
NAV oy the arm and Fallon ordered
MesY to break away Myers shrieked
@s .he deputy marshals to serve the
Srm MI OF ne exeat, and after some fun
FIJI TT'ns OF papers they handed copy to
aaoh' who paused on the steps in
all of it. ''''''e '"'''i" any ieao
y, ostective Wilson clutched Nicky by
ra,s, voc arm again and undoubtedly the film
,sSTioea pictures of Detective Wilson
th"r.h a MS prisoner, Nicky Arnstein,
tns tnsush s.a actually Nicky passed out of