The Waterbury Democrat., 1940-03-15

Iiey O1 6LaCeu 4slanQ, ore or the New York City boroughs. went to Jersey City last midnight and charged him with being a fugitive from justice. He said the charge was filed 50 Rosemarin could be re- turned to New York. Jersey City police understood that Mckinney planned to charge Rosemarin in New York with assaulting his pas senger. The $5,OOO bond was fixed at Jersey City. Physicians said Rose- marin probably could levae the hos. pital today.
 Mckinney said that the crash oc- cured in the section of the i1ar- Dor under Staten Island jurisdiction and it was mandatory upon him to make thorough investigation. He intimated that the fugitive warrant was filed to assure Rosemarin being available.
 Meanwhile, James Peyton, Jr., of the Civil Aeronautics Authority, and o. L. Payton, of the New Jersey De- partment of Aviation began sep- arate investigations.
 More Mystery
 Esenberg's disappearance was not the least mysterious phase of the crash. Rcsemarin said he thought the passenger gave his name as Eisenberg, and that he told him ne was taking the flight on the recon. mendation of Mortimer L. Rabson, an attorney, flyer and friend of RoSemarin.
 Rabson, who rushed to the hoSpi- tal on hearing of Rosemarin's crash, said he was a close friend of both Rosemarin and Eisenebrg but that he had not recommended that Eisen- berg take flight with Rosemarln Further assurance that Eisenberg was the missing passenger came soon after the crash from a woman who telephoned police that she was Ruth Eisenberg, his cousin, and that he had told her he was taking fly ing lesson from Rosemarin at Floyd Bennett field yesterday afternoon.
 Eisenberg We'll Known Eisenberg is 3S. He recently handled publicity for a Vienesse refugee theatrical production, "Re- union in New York. He spent the past year in Mexico writing a book, Behold How Good" dealing with New York's Harlem. He has been associated with the Group theater, the labor stage and seevral of the best known producers. He wrote some of the sketches for the play Pins and Needless" produced by the Garment Workers Union and contributed light verse to several publications. Friends said he had been Respondent since the suicide a few months ago of a friend he had met in Mexico. He was unmarried. The telephone operator at his apartment building said he left in a hurry" yesterday morning without picking up his mail.
 The passengers identity had been tentatively established last night through a Manhattan attorney who had recommended him to Rosemarin for flying lessons, the pilot said, but it was not until some 18 hours after the crash that Eisen- berg's body was found and the iden- | tity confirmed.
 The body, which witnesses said had fallen from the plane when it wsa removed from the bay, was clad in a gray suit, black shoes and socks and black overcoat. In an inside pocket police found the in- come tax return made out by Eisen. berg and which was que today.
 Rosemarin, meanwhile. was un- der arrest in the Jersey City Medi- cal Center as a fugitive from jus- tice," technical charge brought to facilitate his legal removal from Jersey to New York when he has sufficiently recovered from submer- sion, exposure. cuts and bruises suf- fered in the struggle and crash. His bail was fixed at $5,00O.
 Eisenberg's body bore a cut over the right eye which police said may have been inflicted when Rose. marin, in attempting to break his grip on the controls, struck him with a pair of pliers.
 In addition to being one of the city's better known press agents. Eisenberg also had won some fame as 6 post and author. Friends de. scribed him as moody. and New Jersey police believed he mad at- tempted q spectacular method of