The New York herald., 1922-12-19
FULLER CASE FAILS,
SOLE WITNESS GONE
Judge JohnstOne Declares
Mistrial for Broker ON
Bucketing Charge.
DEFENDANT is IN TOMBS
Held in Default Of $4,000
Bail After Third Attempt
to Convict Him.

The disappearance of a principal
witness caused an abrupt end yester=
day 10 the second trial Of Edward NJ
Fuller, stock broker Of the Consoli-
dated Stock Exchange. on a charge OF
bucketing "A customers order.
Judge Robert S. Johnstone, in Cen
eral Sessions. declared a mistrial when
1t was learned that J. Harold Braid
OF Braid & Vogel. also brokers of the
Consolidated Stock Exchange. could
not be fou@d.
Thousands Of customers were wiped
out last June when Fuller's firm, f. NJ
Fuller & Co., failed for s5,000,000 Sub
sequently Fuller and his partner
William f. McGee, were indicted on
thirteen charges of grand larceny and
bucketing. They obtained separate
trials, and Fuller was called into court
first.
His first trial was for grand larceny,
of which he was acquitted. Then his
second indictment was called, alleging
that his firm bucketed an order of F.
L. Link, a lumberman ~ Westmoreland,
Tenn. for the purchase and sale Of Mid
die States Oil stock. Braid was the
principal witness in that accusation.
Enlargement Previously.
The first trial of the action just ter
minated resulted In a disagreement three
weeks ago, when the prosecution was
unable to produce ID. Greenberg, an en-
ployee of Fuller Il Co, who was to have
testified for the State.
When the retrial was called last week
Fuller did not answer. His attorney
William J. Fallon, explained that his
client was in Canada and had not ex-
pected the case to be called so early, a
circumstance which, Fallon said. he had
expected clerk in his office to explain
to the court The clerk had failed to
do SO.
Fallon produced Fuller the next day
and Judge Johnstone increased his bail
from $15.000 to SAC. 900 and ordered him
to the Tombs for the duration Of the
trial.
The retrial then proceeded and the
testimony Of the plaintiff and minor wit
nesses was heard. Nelson Olcott AS
sistant District Attorney. announced last
Friday that Braid had failed to respond
to his subpoena. Yesterday he placed
witnesses on the stand to show that
Braid and his wife really disappeared
two weeks ago, leaving his business In
charge OF his partner, Frederick Vogel
and leaving their son Reed. 8. alone In
their apartment at 1412 Ocean avenue
Brooklyn. who said his mother and
father told him they were going to Bos-
ton.
One Witness Barred.
At the first trial Fallon contended
that Braid and Albert Viehman. for
merly an order clerk for Fuller & Co,
were accomplces In the alleged crime
and that their testimony, therefore. was
incompetent Judge Johnstone ruled
that Viehman was an accomplice. but
that Braid was not
.Viehman. Braid and Greenberg were
the only witness the prosecution had
TO relate the details Of the alleged trans.
action. Viehman being declared an in.
competent witness. the State is now
without single witness whose testi-
mony bears directly on the alleged act.
Olcott sought to have Braid's testI-
mony of the first trial read into the
record of the retrial Fallon objected
that. having no opportunity for cross
examination, sucli procedure would
prejudice the jury and he asked for
mistrial. Judge Johnstone sustained
him. although Edward L. HennemeIer,
foreman Of the jury. protested that the
Jurors feit competent to Judge the case
without bias
Judge Johnstone returned Fuller IN
the Tombs in default of s4O.oOo hail
pending another trial.