The Washington times., 1920-12-21
2CONTRADICT
GLUCK'S TALE
N. Y. Newspaper Men Testify
In Bond Case-easterday
AcquittaI Denied.

In an attempt to impeach the tes-
timony of Joseph Gluck, confessed
bond thief and one fthe star wit
nesses for the Government in the
case of Jules w. (Nicky) Arnstein
and other defendants in the bond
theft conspiracy case on trial in the
District Supreme Court, the defense
this morning called two New York
newspaper men, who testified that
following the arrest of Glhck In
New York, he had stated in inter
views he had never received any
bonds securities or money from Arm
stein.
WHAT GLUCK TESTIFIED.
Gluck had previously testified that
he came TO Washington on October
IA with Arnstein and Nick Cohen, a
fugitive from justice, who had 500
shares of st. Louis and San Fran
cisco Railroad and 300 shares of At
lantic Gulf and West Indies Steam
ship bonds which he had obtained
from n brother of Gluck, Irving
Chuck. after they had been stolen
from messengers in Wall street.
Gluck testified that he accompanied
Arnstein and Cohen to the office OF
Sullivan d Co, 1927 G street, and
Cohen went into the brokerage office
and negotiated loans on the stolen
securities. Gluck also said in his
testimony that he met David w. Sui
Ivan. a member of the firm of Sulli-
van & Co. In the Pennsylvania Sta
ton in New York before taking n
train for Washington.
He testified further that he saw
Arnstein and Cohen talking to Sui
livan in the willard Hotel on the
night of their arrival here, init
mating Sullivan had taken the next
train to New York
Following the testimony Of the
two newspaper men. the defens''
said it was prepared to close it,
case and asked the court to adjourn
until tomorrow morning, when ii
would have two witnesses to give
corroborative evidence.
CASE ADJOURNED.
Justice Gould agreed to aSrn-
ment and both the defense and the
prosecution handed in prayers Of in
struction to the jury.
Justice Gould SIrruled a motion
by T. Morris wampler, of counsel
for Sullivan, Norman $. Bowles. and
W. w. yesterday, to acquit Easter
say.
George Fl. Boothby. feature writer
for the New York World, and Thomas
3. Handy, Of the New York Tele-
graph, testified that on May 20 they
talked with Gluck in an anteroom
at the office Of Assistant Z. 8
Attorney John r. Z. Dooling.
"Glucli told me in the presence Of
Mr.. Handy, of the New York Tele-
graph. and his brother. Irving Gluck
and several witnesses that he had
never received any bond or security
or penny from Arnstein,' said
Boothby. Handy corroborated Both
by's testimony.
Among the instructions offered the
corrt this morning by the defense was
the following:
THE court instructs the jury that
circumstances OF suspicion, no matter
how grave or strong, are not proof of
guilt and that the accused must be
found not guilty unless the fact of
his guilt is proven beyond every rea-
sonable doubt, to the actual exclusion
Of every reasonable hypothesis OF
innocence consistent with the facts
proven"
The defense also asked the court
to instruct the jury that the defend
ants innocence is just foundation
for reasonable doubt of their guilt
and, therefore, If the jury finds that
there is a probability of the defend
ants innocence. they can find a YER
dict OF not guilty.
On the other hand, the Government
through District Attorney John L.
Laskey and James B. Archer, assist
ant to the Government in the prose-
cution, offered this prayer to the
court:
"REAsONABLE DOUBT"
"A reasonable doubt is doubt
which the jury may entertain as rea-
sonable men, after thorough review
and consideration of the evidence,
and is a doubt arising from the evil
dencc or the want OF evidence for
which reason can DO given.
AN indefiniable doubt which can
not be stated with the reason upon
which II rests, so that IL may be
examined and discussed. can hardly
be considered a reasonable doubt. as
such one would render the admin
istration of Justice impracticable."
Archer declared the Jury should be
Instructed that a conspiracy can sell