The New York herald., 1922-03-24
Attempt to Get Confession
by Phone Fails, Accord
ing to Witness.
BAIL is REDUCED TO 5000
Magistrate 0berwager Deter
mined to Rush Case 10 Its
Logical End.

gan the hearing upon the chart { Of
suspicion of subornation OF pc erjury
against Jack Berkowitz, truckman. OF
224 West Thirty seventh street. ar
rested Tuesday upon short affidavit
by Bernard A. Flood detective of the
District Attorneys staff, who alleged
also that Berkowitz had offered to fur
nish false evidence for divorce cases.
Donald Baldwin, Assistant District
Attorney, conducting the prosecution,
said that evidence would be taken
tentatively also with relation to vari-
Gus other sections of the code, includ-
ing that pertaining to impersonating
another, aiding or abetting q crime
and conspiracy.
Only one witness was examined. Sid
ney TIirsch of sos West 1s0th street,
whose counsel in a divorce action, Sam
uel l.. Chess, of So Park Row, first
called Berkowitz's alleged activities 10
the attention of the District Attorney
Hirsch is being sued for divorce and
alimony by Helen Hirsch, daughter OF
Morris Fein. president of the Empire
F'ireproof Door Company. Hirsch con-
tends that affidavits submitted in the
alimony action by Mortimer Foss, Sam
uel Marguies and Ira Waldstein, al
leginG Hirsch was seen by them in a
raided room with woman other than
his wife. were procured by Berkowitz
and are false.
Hirsch's Case in Brief.
The outstanding features Of Hirsch's
| testimony were that
Berkowitz told him before the affi-
davits were made that he could
frame" him.
Berkowitz tried to get him to admit
over a telephone relations with some
woman that Fein, his father-in-law,
! might overhear it.
He heard Berkowitz say that Fein
paid him $3.50 for the alleged false af-
fidavits.
That he (IIirsch) did not know two OF
the deponents who said they knew
Hirsch well.
Hirsch testified that he first met
Berkowitz last November at billiard
room at Broadway and 1Sst street.
where Berkowitz introduced himself
saying he did trucking for Hirsch's 3
father.
Hirsch swore that Berkowitz inquired
whether he did not occasionally go out
with girls. He said he told Berkowitz
that he did not, but inquired whether
Berkowitz could not get a girl with
whom he might dance. Hirsch said his
friend, Louis Strauss, heard the con-
versation.
He said he again conversed with
Berkowitz at the same place several
weeks later, and again called I'm his
friend Strauss to hear what was said
At that time, Hirsch swore Berkowitz
rtre al I,at ~
telephone later and go through prear-
ranged conversation, as follows:
Berkowitz: How did you make out
with that woman"
Hirsch: 20. X"
Hirsch testified that Berkowitz wanted
Morris Fein to overhear that conversa-
ton, and that he told Berkowitz: "If
you think you are going to make money
out Of me, you'll starve. / suppose you
get paid for killing
Tells OF Threat to Frame.
I'VE don't go that far" Berkowitz re-
piled. according to Hirsch. .'You know
we could frame you up
How" Hirsch said he asked Berko-
witz and got the reply:
Easy enough"
Hirsch then swore that on the date
been found with the woman. he was at
his fathers place of business all day;
went home early that evening and was
not with any woman on that occasion.
He continued that in n room adjoining
tho office Of Chess, his attorney. he
overheard Berlsowitz tell Chess that he
| had had a man follow Hirsch on that
day and had placed an actor made up to
| resemble Hirsch in a room with q
woman to be discovered as Hirsch.
Upon another occasion. Hirsch said.
he was again in the room adjoining his
lawyers office and he observed Berko-
WITT show Chess a pair of horn trimmed
| glasses and tell him the glasses had
been used to make the actor look like
Hirsch.
Hirsch also swore that on the day
| Berkowitz was arrested he heard Ber-
kowitz tell Chess that Fein had paid
him $3.50 for the evidence conta ined
in the affidavits against Hirsch. and
that Berkowtz offered to furnish evil
dence for Chess in divorce action and
guarantee the action
| Upon plea Of Leonard A. Snitkin, law
yer for Berkowitz. Magistrate Ober-
wager reduced Berkowitzs bail from
$4,000 TO 5000 which was furnished
Magistrate Oberwager will continue
the hearing next Monday. when he will
sit in a Grand Jury room In the Crimi-
nal Courts Building and will devote his
\ entire time 10 tho matter until IL Is
i cleared up.