Evening star., 1926-03-30
FOGEL IS GRANTED
HIS SECOND DELAY
Will Seek HabeaS Corpus if
Committed to Jail Pending
Extradition Order.
Indicating that he will contest every

Indicating that he will contest every
move by Government prosecutors
BENJAMIN r. Fo2el of Philadelphia
indicted in Cleveland as one OF the
rinEleaders of a mammoth organlza
lion alleged to have engaged in a Ma
tion-wide bootleg conspiracy, demand
Cd and was granted a second delay III
The hearing before United States Com
missioner Needham {. Turnage, which
was resumed this morning at the DIS
t.ict Supreme Court
counsel for Fogel pleaded lack OF
time To prepare his clients case anG
asked for further time to study the IN
dictment to see if il charged commits
sion of a crime of sufficient serious.
ness to warrant detention in custody
of FoGel
Commissioner Turnage postponed
nfs final ruling until o'clock this aft
ernoon. but declared emphaticaly that
he would hand down his decision at
hat time. and indicated, by h}s que
lions. that he would order FoGn- :
commitment pending the signing o.
extradition papers by 2 justice % The
District Supreme Court.
Maher Takes Case.
James +. Hughes and William T.
he was arraigned last "Wednesday.
asked permission to Withdraw today
and were replaced by John ". Maher.
Fogel appeared in company WIKI "
dozen men of his general appearance
and size in an apparent effort, The
prosecution said, 10 make difficult
his Identification.
The defendant was confronted by
an array of prosecuting officials. \.
r. Bernstein, the Cleveland district
attorney who secured the ll2 indlct'
ments charging Illicit operations in
alcohol: Neil BurIinshaw, assistant
district attorney for Washington, who
conducted the Government side OF
The hearing today: Special Agent John
A. Conwell of Philadelphia, who ar
rested F'ogel on a train en- route to
Miami, Fla, last week; Special Agent
Golding of the Intelligence Unit here,
and Harry Nolpe, Government star
witness. who said he was employed
ny the alleged bootleg ring and torn
cd states evidence because he was
cheated out of 1900 profit.
Nolpe took the stand and positively
Identified Fogel as the man who was
indicted as one Of four leaders OF the
'Hquor corporation.
n
II Commissioner Turnage orders
FoGe committed as he is expected tC
do counsel for the defendant indicated
he would test the sufficiency of the
Indictment by q habeas corpus pro
ceedinG before the District Supreme
Court Such a proceeding would take
The case late into this week it was
said
Nolpe resident OF Providence
j. l.. said he had been accused >!
the chiefs OF an alleged bootleg cor.
poration of stealing a carload OF alco-
hol for his own profit. lie exposed the
operations of the 'rius," he said
after his life had been threatened
and he had been cheated out OF
$50 600
Attorney Maher told Commissioner
TuruaGe he believed the indictm"ul
was not sufficient cause for huidine
Fogel because ii cited no cases oi
conspiracy in the State of Ohio, and
because it was not alleged that the
alcohol involved had been sold with
out Government permit.
F'ogel now is out under S20.0 .00(
bond. one of the highest set in any
of the Cleveland indictment cases
Fogel his brother Frank, and fwc
mated the conspiracy in Philadelphia
Their plan. il is said, was to obtain
huge quantities of alcohol legiti
mately sell it to three subsidiary
companies. through whom it was
disposed of for bootleg purposes. The
books of the original company. Bern
sleen says, show absolutely nc
leaks of alcohol. About 100000
gallons Of alcohol were conhscated
when the indictments were returned
ne said.