New-York tribune., 1920-02-27
Sees
Arnstein lin
Ohio Hotel
Phone Call From Fugitive
Took Counsel to Cleve-
land, Where Confer
ence Was Held Tuesday
Attorney Testifes
In Federal Court
Fannie Brice, as Bank
ruptcy Witness, Asks
Leave to Sing Songs

Fuptcy witness, Asks
Leave to Sing Songs
Jules w. Arnstein was enjoying the
freedom of the lobby Of the Hotel Win
ton, in Cleveland, on Tuesday while
the police of two continents were con-
Quoting a search for him that has been
described as the most intensive and
widespread man-hunt aver organized.
This information was furnished yes
terday by Eugene f. McGce. an attor-
ney, as an unexpected sequel to the
examination of Fannie Bricc, actress
wife of the missing Arnstein, before
Alexander Gilchrist. Federal Commits
sioner in Bankruptcy. Miss Brice had
been subpnnaed in connection with
the involuntary petition in bankruptcy
filed against her husband by the Ma
tional Surety Company, which claims
that it has had to reimburse Wall
Street banks and brokerage houses for
losses due to thefts supposed to have
been planned by Arnsten.
McGee is member of the law firm
Of Fallon e. McGce, which has been
retained as counsel for Arnstein. The
lawyer attended the examination, he
said. to look after his clients interests,
but Saul S. Myers. attorney for the Ma
tional Surety Company, decided he
would make an interesting witness and
had him served with a subpoena as he
sat in the courtroom listening to Miss
Brice's testimony.
McGee Takes Stand
McGee objected to testifying on the
ground that it would be divulging
privileged communications between at
torney and client, and it was not until
he was ordered to dc so by Federal
Judge Hand that he consented to tell
OF his relations with the vanished
Arr stein.
The lawyer then said that his part
ner, William j. Fallon, had received on
last Saturday or Sunday a long dis
tance telephone call from Arnstein in
Cleveland, Mr.. Fallon being at the time
in his home in Mamaroneck. The mes
sage was in the nature of an IS o So
call for legal assistance, and McGee
hurried to Cleveland on Monday, ar
riving there on Tuesday morning. He
conferred with Arnsten, he said, in
the lobby of the Hotel Winton and
boarded train for New York that
night. The uch-sought fugitive did
not return with him, McGec swore
This information, while it appeared
to be something Of a revelation to the
police, did not cause much of stir
among the pals of the missing Jules
in the white light belt seemed to be
aware that "Nicky," as Arnstein is af
fectionately called north OF Herald
Square and South of Columbus Circle,
had taken short trip out OF town "for
his health" but the impression was
that he had returned and was living a
sedate and unobtrusive existence in
one of those tributaries of Broadway
known as the "roarng forties."
Friends of "Nicky" along Broadway
who have solved the problem of in
visible support admitted freely last
night that they were enjoying the
Arnstein men hunt about as much as
anything that had recently enlivened
their world.
''Nicky" Believed Nearby
Assistant District Attorney Alfre d
j. Talley expressed the belief yester-
day that "Nicky" was not far from his
white light haunts and would be in
custody within few hours, but a friend
OF the alleged bondthief plotter said
last night that Arnstein could take a
lot of hunting and not mind it much y
McGee declared before Judge Hand
that he had no idea where Arnstcin is
now, but admitted that he had been
trying to arrange with the District
bail of $4,000. District Attorney
Swami has set his mind on bail of
100000 and has refused under any
conditions to lower it.
1t was expected that Mr.. Fallon would
accept this figure and surrender Arm,
stein yesterday. Delays in securing
the bail bond and arranging certain
points in connection with the defense
are supposed to have caused the law
yer to postpone this action.
When Fannie Brice appeared in Com
missioner Gilchrists Office yesterday
she provided the drab and dignificd
Federal Building with more color than
it had seen in many months. She had a
large and appreciative audience in the
Commissioners court, and she appeared
until she grew bored with ATTORNEY
Myerss crossfire of questions and
then she said she would like to relieve
the monotony bv singing few good
songs. She remarked afterward that
the examination would have been much
more of hit if she could have found
some one to write the music for her
testimony.
Makes Faces at Lawyer
Some of the questions directed at
her by Mr.. Myers caused Miss Brice to
make faces at the lawyer, and on one
occasion she stuck her tongue out at
him-a proceeding which is said to
have established 81 new and entirely
unique precedent in Commiss oner Gil
christs court.
The actress also framed some of her
answers in glittering vernacular that
caused many of the antique attendants
in the Federal Building to ask them
selves what the world was coming to-
When Mr.. Myers asked her to produce
Continued ON pa1e five