Evening star., 1921-06-24
Five Convicted of Conspiracy
to Bring Stolen Securities
Into District.
$4,000 AND $1,000 FINES
ARE IMPOSED ON THREE
Sullivan and Easterday Escape
Payments-Appeal Taken.
Men Out on Bonds.

Jules W.. alias Nicky. Arnstein. and
isadore, alias Nick. cohn of New York
and David w. Sullivan. Norman
Bowles and wilen w. Easterday OF
Washington, recently convicted OF
conspiracy to bring stolen securities
into the District OF Columbia in Octo-
ber. 1919, were sentenced today by
Justice Siddons in Criminal Division
/ Of the District Supreme Court tc
two years each in the penitentiary.
Arnstein and Cohn were each fined
$4,000 in addition and Bowles $4,000
No fine was added to the sentences OF
Sullivan and yesterday.
Attorney T. Morris Wampler. for the
defendants. noted an appeal to the
Court of Appeals. The defendants
under bonds Of $4,000 each to avail
the action of the appellate tribunal
The sentence imposed on Arnstein and
Cohn is the maximum under the law
When court convened this morning
Justice Siddons announced that ne
had decided to overrule the motion OF
the accused for new trial. Counsel
for the accused Immediately filed OBJ
jectionS to the imposition OF sentence.
declaring that as Justice Slddons mac
not presided at the trial and heard
the witnesses, he could not have the
familiarity with the case necessary
to weigh the question of the sentence.
which under the law has a maximum
but no minimum. Justice Siddons
also overruled the objection.
Asks Maximum Penalty.
Assistant United States Attorney
Crofnelin, who with Special Attorney
w, E. Leahy. conducted the prosecu-
tion, asked for the maximum punish
ment of each of the accused. He
pointed out that the conspiracy mad
for its object the stealing Of securities
totaling $1,000. 900, and said that Arm
stein had stated he knew where to
dispose Of this amount in the United
States, Canada and Europe.
Mr. Cromelin explained to the court
that 100000 had been obtained from
banks in Washington. Philadelphia
and New York, of which sum more
than $l00. 900 was obtained fraudu-
lently from local financial tnstftu-
tions. He said the maximum was
small punishment.
Attorney wampler criticised the
statement Of the assistant prosecu-
tor and made 1t the basis OF an addi-
tional motion to prevent the imposl-
ton Of sentence. The motion was
oHerruled.
Arnstein Praises Gould.
When Arnstein was called on before
sentence he declared he had nothing
to say. The court inquired If he had
been correctly quoted as praising the
fairness of Justice Could at the end
Of the trial. Arnstein reiterated his
statement that Justice Gould was the
fairest judge he had ever seen. When
Justice Siddons referred to the desig-
mating of Arnstein as the master
mind" of the conspiracy in neWspa-
per accounts. the accused smilingiy
responded. '"The newspapers are very
generous"
Bowles denied his guilt when called
on before sentence. Fl, He asserted
that he had never seen Arnstein or
Cohn until they entered the court for
at the time of the formation of the
alleged conspiracy. The court re-
ferred to the fact that Bowles is a
member of the bar and an officer of
the court, which added to the guilt
as determined by the jury;
ing to say when called on, but the
court, reviewing their situations, de-
cided NOT to add fine to the term
of Imprisonment.
Attorney Cromelin explained that t
by serving an additional month the
three men fined could make pauper
afidavits and be relieved OF payment.
Shortly after the imposition OF SEN
tence. Attorney T. Morris WamPier ioi
the defendants, filed in the District
Court of Appeals a petition signed by
Arnstein and the other accused men
asking for a writ Of mandamus to
compel Justice Siddons to vacate the
sentence and grant a new trial. The
appellate tribunal is requested to is
sue a rule on Justice Siddons to show
cause why a writ of mandamus should
not be issued against him.
Counsel in his netitiOn claims Inat
the death of Justice Gould. who pre-
sided at the trial, before a bill OF ex-
ceptions had been completed makes 1t
obligatory on the court to grant a new
trial. He points out that section S53
of the Revised Statutes of the United
states does not apply to this District
because the rules of the District Su-
preme Court provide that "in case the
Judge is unable to settle the bill OF
exceptions a new trial shall be
granted"
This was one of the points relied on
by counsel for the defense in the mo-
tion for a new trial which Justice Sid
dons overruled today.