The Brooklyn Daily Eagle from Brooklyn, New York • Page 2

It? TIIM J.UOoklAN DAILY VAilUl. N1SW YOIIK. WKDMvSDAY, JULY IS. 1928. ax niipin mi inr pt irf nn inn tr in Breaks Trclh to U.

P. BERGER REVEALED SMITH ADVISER IN SURPRISE WAR ON EDISON MERGER SUSPECT LINKED TO CALDER THEFT; ASK IDENTIFICATION smile that appeared to be forced atlenmted with expressions which may be called those of "righteous indignation." The witness said he never had any negligence until 10J5 and thn only 40 or b0. Since that year, he asserted, he had had only approximately 25. Mr. Kresel asked him to explain why he reached the peak in ii2f.

"In 1023." said Snrun. "Daniel GHARGE HAY YET TRIP MARLOW I think you have told us the truth, Mr. Berger." Denies He Mas Itetaliud. Attorney Harry Ilab'Tman of M3 headway declare'! that he never was leUim-d by five pi.sons who brougnt suit ar.ainst one Daniel Morris of Ml Marcy Brooklyn. Attorney Joel Kirschner, now serving a prison term for larcencv.

he said, uv-ked If he might inrke use of his name. Klrscii-iwr. lm xplamed, brought In a letter addressed to Morris announcing the start of suit, and asked him to sign it. Haberman said he signed It because Kirschner told him he did not want his own name used for "personal reasons." "I deny that I ever got a penny out of this," declared Haberman. "I later learned that the man 1 knew as Daniel Morris was really Benjamin Laulicht.

I merely let Kirschner use my name according ro custom." "Do you know of any such custom in our Bar whereby one lawyer permits nnother to use his name?" asked Kresel. "No, sir." Grilled on Question of Ethics. Q. This Isn't the only instance In i Ji-an Browne Scott. Pliiladclphia, July 18 WV- An nouncement was made today that the engagement of Miss Jean Browne Scott of Strafford, near here, to wed Nigel C.

D. Colman, member of the nritish Parliament, has been broken. Uncongenial temperament was given as the reason in an announcement made at the otlle of Miss Scott's father. John R. K.

Scott, a well-known Philadelphia lawver, who Is in Europe with members of his family. The wedding was to have taken place July 25. Miss Scott well Known in tne United States end England as an ex hibitor of horses. questions I left the room while the doctor conducted tne rest oi tne examination. During the questioning, Katz fre quently resorted to "Absolutely!" and "Positively!" until told by Kresel that that failed to make his answers any more effective.

Says He Became Suspicious. He finally refused to handle the case of the Laulicht brothers under the name of Lewis, he declared, because he became suspicious when they "ave a fictitious address. Suit was started on March 9, 1925, but Kresel drew from Katz the admission that he did not learn of the fictitious address until months later. Q. Do you know what became of the "Lewis" cases, which were later handled by Spector Sc Flatow? A.

Yes; 1 heard in Jhls court they had been settled. Q. Did you ever get a share out of them, from Spector, Flatow or the Laulichts? A. No, sir! Questioned About Records. Questioned as to his records, Katz sr.id he never kept a book listing his cases, so has no way of telling whether his files are complete.

In 1925, he estimated, he had only approximately 25 negligence cases. His business grew, he said, in 132b and 1927. He said he couldn't answer "Yes" or "No" to the question as to whether negligence cases constituted more than half of his practice. Katz has been In practice four years. During that time he "might" have handled 400 such cases, he estimated.

Kresel asked him to tell how he got so many for a young lawyer. The witness told of his connections with business organizations, fraternal organixitions and friends. Now, he said, he represents eight or nine taxi garages. He took his neg ligence cases on a 50-50 contingent fee basis. Theodore Berger, an attorney of 132 Nassau Manhattan, was the next to be called.

He was admitted to the bar in 1925. Kresel told the witness he might answer any allegations made against him. Another Lawyer Testifies. "With the exception of Daniel Laulicht, I never met any of those questioned here before," he stated, 'and I can sav honestly that I never knew of the practices alleged t6 have been going on in 305 Broadway where I had my name on the door at one time." Berger said that he had been anxious to make extra money by trying cases for other lawyers. Shortly after his admission to the Bar, he testified, he was referred to Attorney Cmuel Kopelton of 305 Broadway.

He went there, he stated, and was Informed by Benjamin Laulicht that Kopelton was not seeking a trial lawyer, but a lawyer whom he could substitute In some cases, he said, on a 25 percent contingent basis. There were about 40 cases turned over to him in this manner, Berger said, all but one being negligence cases. Let Laulichts Settle Cases. Kopelton told him that the Laulicht brothers knew negligence cases so well that they could settle better than most lawyers, Berger continued. As a result, he gave the Laulichts "the run of his office" and let them arrange settlements, he said.

He acted for five weeks after his institution, Berger testified, until he received a letter from an insurance companv saying that one of his cases looked like a fake. He took the letter to 305 Broadway, he said, where Ben jamin Laulicht made excuses as to why he couldn't see the plaintiff in the suspicious case. He never did see tne client, he stated, ana tnen informed the insurance company he would hold up the case until he could get a verification. Found Suspicious Cases. Another time, Berger declared, he went to Kopelton's office to see one ct the elusive clients.

While waiting Benjamin Laulicht handed him several files Rnd asked him to draw up bills of particulars. In one file, he said, he found seven accidents between Nov. 15 and Dec. 15 which made him think thty were "flop cases." He then ordered Kopelton to take his merger's) name off the door and eet another lawyer to handle sub stitutions. When Berger concluded, Mr.

Kresel said "I want to say, in all fairness, that UNTERMYER PLAN TO RECOVER TUBES Continued from Page 1. commerce, who shall request the lor 5-iuly and oi.iii.gnt, The resolution with inspect to recapture 1 carefully drawn so that I'. I dear that such notice cannot be served except upon the approval ol the Board of Estimate. "Tender Sptit" in Situallon. The subject of recapture Is the "tender snot" in the present situation.

'I he otjocl of tha negotiations with the B. M. 1. was to secure mi agreement for taking over the lines without recourse to that method, and it was considered In the conferences only as a price basis it being gener ally understood tnat uicrteriug ui the Brooklyn lines the price to be paid for the recapturabie portions was to be the price set up in the recapture clauses on the dual contracts. Recapture is not mentioned In the plan itself as a method of adjustment and the plan Is what has the ostensible approval of the B.

M. T. authorities. May Hit Snag at City Hall. Recapture was dragged into the situation by Untermyer in his supplemental report.

It has always been a "sore" point threatening the peaceful progress of the negotiations. Nor is it popular at City Hall, where it is alrcadv credited the Transit Com mission recommendation will strike snag. Untermyer has been pressing for the service of notice to recapture itnce he entered the transit situation, but has always been blocked by the city. The municipal authorities claim that they ae in ro position to exercise that alternative at the present time. In the case of the Brooklyn lines it would mean Inconvenience to thousands of travelers, who would be forced to pay double fare and, since the city subways are not yet equipped for operation and recapture of shops and yards Is not possible, operation of recaptured lines would be Impractical until the city has built It own.

ANThWAR PACT ACCEPTED BY ALL NATIONS INVITED Continued from Page 1. note, "takes note of the following statements: First, that the pact doe3 not carry any attempt against the right of legitimate defense of each State; second, that any State signatory to the pact which would attempt to realize its national aims by means of war would be denrlved of the ben efit of the aforesaid pact and, third, that there exists no incompatibility between the pact's anti-war stipulations and the obligations derived from the League of Nations pact for members of the League." Washington. July 18 UP) Accept tance of Secretary Kellorrg's proposals for a multilateral treaty renouncum war by the nations which with the United States would comprise the original signatories to the pact was comn eted todav. Belgium's "full approbation" was received by the State Department today. Canada was the last to be heard from with its acceotance.

As to the question of where the Powers will attach their signatures to this peace pact, Secretary Kellogg is known to have looked with favor on the proposal first made by Ambassador Claudel that the ceremony take place in Paris on an appropriate date and that Mr. Kellogg himself go to the French capital to sign for the United States. ARMOUR WITH 68 LEADS GOLF FIELD IN THE MET. OPEN By RALPH TROST. (Staff Correspondent of The Eagle.) Shackamaxon Country Club, West-field, N.

July 18 Tommy Armour, 1927 National Open champion, leads the Met Open field with a marvelous round of 68. George Volgt, North Hills amateur, who holds the North and South amateur title, came home in 35 to score 73, two strokes In the van of Johnny Farrell, defending titleholder, who scored a 75. Harry Cooper, now of the Meadow Brook Club of Buffalo, also scored a 73. Armour's card: Out In 3 4 3 4 3 4 5 4 3 D3 4314314 4 33 6 Gene Sarazen reached the turn in 36 through the medium of a birdie 3 on the ninth. Here, too, his partner, Maurice McCarthy, got 3 by hittins the flag pole with his high pitch shot, which stopped the ball almost dead.

McCarthy, who got mixed up on one of the water holes, needing a 7 to hole out, reached the turn in 40. The Scores. Nm ind Club. Out. In.

T'l. Dan Wllllftms, Shnckamaxon 3r 35 70 John Golden, North Jersey 3537 72 Harold Sanderson, Hollywood 36 33 74 Klmtr Volght, Stinnlngcfile 4035 75 uav Hamey, white Beeches. .47 38 75 Emmett French. Southern Pines. .117 3a 15 Charles Rice, Summit 30 37 7S Joe Zarhardt, Plalnneld 3tt 3d 76 Victor Ohe.ll, Humon 39 39 78 Henry Olucl, Mill River 40 3S 78 Jack O'Connor, Newark 42 38 80 Oeorne Anderson, Baltusrol 30 41 80 Bruce Heatley, Echo Lake 4141 82 David Campbell, Wykagyl 424082 Tom Kerrigan.

Slwanoy 35 3974 Oeome 1 MIL! Orasby Sprain. .37 38 76 ffigto.n Arthur Straw, 'Maplewood 43 39 82 James Soutter. Tuxedo .41 44 83 Arthur P. Lynch, Pox Hills 3946 85 Hobert N. Prvor, Bhackamaion.

.40 4787 ferry M. Beckett, walchung No card Larry Brooks, Cooper Hill No card Willie MacParlane, Oak 37 74 MacDonald Bmllh. Lskevllle 373774 Fred Canausa. Wrst Point 37 3 75 Albert Brodheck W. BlttmorOS 3876 William J.

Olancy, Spring Brook. 36 4M 76 R. Hancock, Wllmlniiton, N. 40 78 Philip Turnesa, Elsford 40 38 78 wmv cox. Dycker Beach 393978 Albert E.

MacDonald. Inwood. ,38 40d Russell Jacobus. Crcbtmont 42 39 81 Thomas Armomur, Concessional. 33 33 66 Jim Barnes, Pelham 4133 78 (111 Nichols.

Dean Dale 3940 78 Jnmes B. Law, Cherry Valley 38 41 79 Cooler Weather Tomorrow Night there was no immediate prospect ot equaling tnis record, Si or more seemed possible. New Yorkers who read dispatches from Europe yesterday that Warsaw was sweltering under a temperature of 144, aiyi who felt comparatively cool In contrast, were deprived of even this psychological relief by Forecaster Scarr, who declared today that no uch temperatures, as "air temperatures," were possible. Flther these temperaLures were taken in the sun. the mercurv beini Inclosed in a vacuum, or thu scule ASDUPEDFF1KE Lawyer, Dragged Into Scheme, Is Cleared at Probe cf Chasers.

The Ambulance-Chasing Probe Is Bolus ('umlut led in PIT.LIC In Mun mtUn und in SECKtT in n. Ey FI F.TniKR G. SNAFP. Thtodjro Berger, attorney, of 132 Nassau summoned to testify before Justice Wasservoijel in the Manhattan iiiiibuliir.ee chasing inquiry, because ins name appeared as attorney in 41) questionable negligence cases, was cleared ot wrongdoing after he had ins story In the hearing rooms today. Berber's testimony showed how even an honest lawyer could be and was fdragcd into the activity of the "rlnx" dealing in faked accident cases.

At the completion of his story, Isidor J. Kresel, chief counsel for the investigation, announce that he was convinced that Berger had told the truth. Was Told Case Wat Fake. The witness related that he had been persuaded by alleged representatives of the "ring" to take over some 40 cases which had been brought Into the office of Samuel Kopelton another attorney, of 305 Eroadway. He was proceeding with the handling of these caes when an Insurance company representative Informed him that one of them appeared to be fraudulent.

Berber thereupon tried to see the plaintiff In the case to question him about it, he said, but he was repeatedly stalled off. All his dealings had prwViously been with Daniel Laulicht, now a convict, who has revealed the Information about the "ring" of negligence lawyers. After a number of Ineffectual efforts to see the plaintiff In question, tie stated, he became disgusted and dnippad the hole matter. Harry Haberman of 305 Broadway and Fred Flatow of 2 Lafayette Manhattan, also testified today. Haberman, in his testimony, attempted to clcu himself in much the same way as did Eerger.

He said tnat he had occupied an office adjoining that of Joel Kirschner, an attorney, now in Jail for larceny, hen told him he had a certain accident case in which "for personal reasons" he did not want his own name to appear as attorney. At Kirschner's request, therefore, Haberman said he signed a memorandum stating that he had been retained in the care, although he was not retained and had nothing further to do with it. He was criticized by Kresel for this. branded as an lie" the charge that he was involved in the 'Ting." Kati Recalled to Stand. Attorney Morris H.

Katz, of 305 Broadway. Manhattan, was recalled at the region this morning. When whether he could produce a written retainer in one of the alleged Jake accidents, he declared that at the time he "didn't know what a written retainer was." Katz was questioned by Isidor J. Eresel, ciiief counsel in the investigation. He admitted that he had for plaintiffs in albped fake accident In which the Velio Taxi Company was defendant.

He toolc no written retainers at that time, either, he said. KaU said he was "quite certain" he knew three of the plaintiffs before the alleged accident. Q. Did vou hear the chauffeur of the cab, Benjamin Reisman, testify here that that accident was faked? A. Yes.

Q. And that was all news to you? A. Absolutely I Admits Acknowledging Signature. Katz admit ted that he saw to the drawing of the releases in this case, but said that the plaintiffs were not present at the time. He was shown one release, sinned by Benjamin Laulicht, brother of the former runner, who di-elo-d the alleged accident "ring." Katz admitted he, as a Commissioner of Deeds, acknowledged Lnulirht's signature on this release Feb.

1G, Laulicht 6tated the other plaintiffs could not call In to sisn the releases, Katz said, and offered to take them cut to have them signed and acknowledged. Laulicht then took the releases direct to the company and Katz never saw them again, he testified. Katz said he knows Attorneys Louis Tlnkhr and Abraham Pindeck, both of whom have offices in the same building with him. Kresel produced trie three other releases in the taxi case. The signatures on two of them were witnessed by Attorney Tinkler.

CJ. Did vou get scared and asked Tinkler to come in to make It look better? A. Absolutely not! Questioned About Meney. Q. Wiat did you do with the moni-y you got on these cases? A.

I think I gave it to Laulicht to dU tribute. -Q. Bv check? A. I think so. Q.

Have you your check stubs? A. I have no stubs for 1925 or 10116. Katz, however, produced three receipts purporting to have been signed by the plaintlfts. He said he had bsen present when the plaintiffs were examined bv a doctor frcm the Yellow Taxi Company. Q.

Did you tell the doctor Laulicht was disabled t'vo weeks after the "accident? A. No, sir. Laulicht toid that. Q. That would be from Jan.

14 to JJan. 28. A. Yes- Q. But Benjamin Laulicht soon be -tame Lewis? A.

I don't Uiink so. Q. But In March, 1925, you sued for him under the name of Benjamin Lewis? A. Correct. Krosel read from Katz's bill of par tlculars in this case In which the at torney allezod that the accident or uired on Jan 26, 1925.

ii Alloyed to Change Story. Q. Of course, you had heard your ciient, Benjamin Laulicht, tell the Yellow Taxi doctor he had been luid two weeks from Jan. 14, which 'would make it impossible for him to an accident on Jan. 26? A.

I suppose so. Katz was told he might explain, If he eared. He said he war. not sure Laulicht told the doctor he was laid I up two weeks. He was In and out of the room while the examination was being conducted, he insisted.

CJ. Less than 10 minutes ago, didn't Vou say you were there and heard tell the doctor he was- laid up two weeks? A. Yes. Do you want to change your V.niy now? A. Ves.

When Hie "due-tor (ailed, I was busy with other After a few preliminary Continued from Page 1. and buy five sharps of stock, If they want to be heard." Ordered to Delist. Mr. Garvin objected that the Commission wu supposed to represent tho public in such cases, and Mr. Ernst was finally silenced by Commissioner Prendergast'j order to "desist." Assls'ant Corporation Counsel Hyatt than moved that Mr.

Ernst bo permitted to pursue his argument at this session, but was overruled by the Commissioner on the ground of "insufficient time." Later the Commissioner told Mr. Ernst that renewed request for a verbal hearing would be taken under advisement for ruling at the next hearing, July 25, at 10:30 a.m. In a brief which the Power Committee gava to reporters but did not submit today on the ground that it was subject to revision, the following points are amonjr those raised; 1. That lighting rates of Greater New York are out of line with the averag rate of other comparable cities of the country, citing Cleveland, Pittsburg, Indianapolis and other cities. 2.

That the merged company will so dominate the State of New York in this field of power that the Commission should well guard against those inherent vices of monopoly which continue to thrive despite control by the Commission. 3. That before granting the application the Commission should determine the extent to which this merger may prejudice the future development of the State's water power on the St. Lawrence River. Cites Affiliations.

In this connection the brief cited at length the alleged close affiliation of the Brady interests, represented in the two companies Involved in the present merger, with the Mellon interests, represented by the Aluminum Company of America, which was one of three companies making a combined bid for the St. Lawrence water power right now owned by the State of New York. The Mohawk-Hudson Power Com pany, the Northeastern Power Com pany, the United Oas improvement Company and the Aluminum Company, with several power subsidiaries were brought bv the committee into a detailed discussion of interlocking directorates. "With thi picture before you," the brief said, "we trust that you may deny this merger unless terms are stipulated so that the overwhelming hpowef of the merged company may not be used in this realm oi water power against public interest." After the hearing Mr. trnst de clared informally that the purpose of his organization's protest was to prevent the "making up ol earnings on $300,000,000 increase in the mar ket value of stocks of the two util ity companies through increased rates." Cites Fosslble Economies.

Mr. Sloan, called to the witness stand after the flurry of protest was over, testified that the merger would be in the public Interest through economies to be effected. 'We have a site on the Brook lyn waterfront opposite Governors Island." he aid. "wnicn wouia oe much more economical a a location for a plant to supply lower Manhattan than one located in the congested area of the downtown section. It would decrease the load of the lines through reduction of distance as compared with uptown Manhattan plants, while the price of land in the downtown district would be almost prohibitive." Economies also wouia oe euecaeu bv unified management and the abil ity to bargain for duct space in suu- wuys, either under construction or to be built, which would include several bojos of the city In their territory.

Also Fight Merger. Mr. Sloan also cited figures showing that earnings of the Brooklyn Edison Company had increased 64 percent in the last five years against 45 percent for the Consolidated Gr.s Company's electric subsidiaries, wnne sales of current gained 70 percent against 80 percent. This increase he ascribed to the tremendous growth of Brooklyn. Objection to the merger also was raised by the Electrio Club of Brook lyn, represting a group ot electrical contractor who contended that it was prejudicial to the rates for cur rent to be used, in electric coornng ranges.

Former Mayor John r. Hylan, representing the Peoples Civic League, was granted permission to file a brief later. Mr. Hylan said he did not know whether he would favor or oppose the merger as yet, and that his position depended upon whether "it would develop to be in the interest of cheaper rates and better lighting or not." MORE ARRESTS LOOM IN ASSASSINATION OF GEN. 0BREG0N Continued from Page 1.

mailing Catholics, was looking out from behind the bars of his cell as the slayer was brought into the Jail. He exclaimed: "I recognize that face! I have his picture among my collection of plotters against Ohreon President Calles issued an emer-eencv order removing the heads of il Mexico City Police pepartment ailU fJUI'l'lllp, 111 UIMftU ilUTT who have been among Obregon's closest supporters. Apparently his purpose was to give the General's stanchrst friends absolute control in handling developments following the assassination of their leader. Hint at Political Plot. Gen.

Roberto Cruz was supplanted as Chief of Police by Gen. Antonio Rios Zertuche. one of Obregon's closest friends. Arturo R. Orel, another Obrcgon adherent, became Secretary General of Police Headquarters.

Showers and Forecast for Thunder showers tomorrow and cooler temperatures by tomorrow night was the best the weather forecaster was able to promise today, as New York iwoltered and simmered and the mercury continued to climb. The official thermometer shot up 13 degrees, from 71 to 83, in the five hours between 7 a.m. and noon today, and the prospect was that there would be considerable more climbing before the late afternoon. There was a Jump of 5 degrees in one hour, 76 to ,81, between 10 and 11. At 1 p.m.

the thermometer registered 6T a'id the fame at 3 o'clock. The hinhest on record for this ri.ii'j is 96, achieved on July 18, 1905. While Ex-Senator's Family Sought to View Fitch, Held as Jewel Robber. Brooklyn police today were unable to locate any members of the family of former Senator William M. Calder to identify Georgo Otto Fitch, alio known as George Williams, arrested In Manhattan yesterday, as the bandit who held them up two years ago and stole $9,000 In Jewels.

The Caldcrs and their daughter, Mrs. Robert C. Lee, are out of town. Fitch has bee nldentlflcd by former Deputy Police Commissioner George V. Dougherty as one of several bandits who held him up and ao party of friends In an automobile In Los Angeles In 1925 and took a considerable amount of cash and Jewelry.

He was arrested yesterday as one of the two bandits who robbed the Commonwealth Company, loan broker, nf Broadway, of $50,000 In cash and Jewelry Jan. 7 last. The police are convinced that Fitch and Oeorge Dash, In Sing Sing, are the two bandits who robbed the Calders as they were returning home from the theater late on Saturday night In October, 1920. Fitch was arraigned today before Magistrate George F. Ewald In the West Side Court on three charges, suspicion of robbery, for the Commonwealth holdup and for violation of the 8ulllvan law.

He was held wlthut bail for examination Monday. On advice of his counsel, Edward V. Broderlck, he refused to sign any of the complaint. HI lawyer did not want the police to have access to his handwriting. G0NDELMAN TRIAL RESUMES; DOCTOR TELLS OF CHASING Continued from Pag 1.

gallon. We are now in the prosecution of charges, however vague. But I a mglad to be enlightened. Maybe I had better stop wasting time and sit down. But It is unfair to fill this record with things of this- sort." Said Judge Putnam: "The referee will have to do the best he can, though the record may be filled with testimony that may not relevant, there is no Jury here and nobody will be hurt.

If you feel I have not passed fairly on your objections you may appeal to the higher court." Dr. Corrlero said after he got the Faber subpena for the secret probe, Gondelman came to him and said: "You never sent me any cases and I never gave you any money directly." The witness said that money had been sent indirectly through Dr. Sen-ner, who did not. however, divide it. signed "Jack Hlrsch" to that release and In your presence? A.

No. Laulicht so testified last week. He also said he- had faked the case and that Hlrsch and one Irving Goldfarb were listed as victims of an accident which never occurred. Q. Before going through the form of examinations by Insurance doctors In these various accident cases what did you do to satisfy yourself that your clients ever were injured? A.

Practically nothing. Quizzed on Medical Certificate. Q. Did you get medical certificates? A. Yes.

Laulicht or the clients brought them in. Q. To get back to the Hlrsch case. Didn't you hear Jack Hlrsch testify In this court that he never signed the release I showed you? A. I heard him ray that about one release.

Q. So you think Laulicht made up this whole story about you Just because you wouldn't give him money? A. Without a doubt. Q. Did you ever have any differences with Hirsch or did he ever threaten you? A.

No. Q. Do you know any reason why he should come her and deny under oath that he signed that release? A. No. Katz Goes on Stand.

Sprung was excused and Katz called. Also a small man of middle age, KaU's eyes snapped behind his shell-rimmed glasses and he became quite angry at times. The first question Kresel asked him was whether he knew Irvine Fuhr, the witness who testified last week that he had been a "flopper" who faked falls in order that lawyers might start negligence suits and profit thereby. Katz said ha first saw Fuhr in November, 1B25, when the youth en tered his office and posed as his client, Harry schemer. Last week Laulicht testified that Scheiner was a plaintiff in one of his faked accidents.

Scheiner died, he said, and as Katz could not collect rom the insurance company without a plaintiff it was decided to substi tute Fuhr. "You don't mean to say that a per feet stranger could walk into your office and pass himself off on you as your own Client, ao asked uresei. Did Not Bee His Client, "Yes, under the circumstances. never saw 8cheiner, any way. He retained me through one of my clerks, now dead, and gave him all the facts in the case." Katz said that when Fuhr appeared he made him describe the accident Just to convince himself he was really Scheiner.

The knowl edge displayed by Fuhr, he contln ued, convinced him that he was Scheiner, "especially as he gave me some facts about the accident I had not known before. The witness, in answer to a question by Mr. Kresel, said he was quite sure Scheiner never was examined bv an Insurance doctor in his ores ence, Kresel then produced a statement by a physician from the Ocean Accident Indemnity company stat ing that he examined Scheiner on March 9, 1925, in the presence of Katz. The witness insisted he had no recollection of such an examina tion. Admits Name Were Changed.

Kati admitted that he brought jult on behalf of Daniel and Benja min Laulicht under the name of Lewis, alleging that they had been Injured while passengers on a trol ley. Laulicht testified last week that neither he nor his brother had been In that accident, but that Katz had suggested that they fake it. They agreed, he said. Katz insisted he thought it was a legitimate case. Daniel Laulicht toid him, he continued, that he and his brother had changed their names to Lewis legally "for convenience sake." Lawyers in the past few months have caused many laup-ns In the court room by their stories of how their records and files happen to he missing.

Some records have been stolen from restaurants, others d' stroyed by floods, others thrown out at the first of tho year, and so on. Katz declared yesterday that some of his records were destroyed when tlvv "fe.l down the elevator" ar, he was moving. He ws ordered to produce his available records today, Laulicht recommei.ued some tc me when I thought he was decent. But I became disgusted with him aim his crowd and threw him out When Laulicht was released In ball after his arrest for larceny last April, Sprung continued, he came to hh office with his brother, Benjamin, and tvi'd to hulae soma money, Sprung refused, he declared, and Laulicht men saia to mm: Threat Is Alleged. "AU' right.

I'll Invent a beautiful story about you and it will cost you a damn sight more to get out of It." Laulicht never brought him cases as a runner, the witness declared, but only cases in which he or friends had bean Inlured In accidents. Once, he declared, Laulicht demanded one- third of Sprung's fee as his commis sion, saying that he always got that amount from other lawyers. Sprung said he refused to pay. On another occasion, the said, Laulicht tried to substitute a man for a plaintiff In order to fake a nhvslcal examination by an Insurance doctor. His stenographer discovered tne ruse, ne testified, and oraerea Laulicht out of the office.

Tells of Accident Cast. The' first accident case Laulicht brought him, he said, was one In which four persons, two men and two women, were alleged to have been in jured by a truck owned by the Coney land Laundry Company. oo on y-au yuu bleu iu proceedings to collect?" asked Kresel. "Yes, sir." Q. And, of course, you knew that It would be improper to split your fee with Laulicht for Dringing you tnese cases? A.

Yes. Denies Splitting Fees. O. And you were, of course, shocked when Laulicht suggested that you give him one-third of your fee and told you he was In the habit of getting that from other lawyers? A. I wasn't shocked, but I didn't nxe it.

i told him I never split my fees with any one. O. Did you ask him why he was getting one-third of fees of other lawyers? A. No. q.

Did it ever occur to you tnai Laulicht was a runner? A. No, I never suspected that. q. Dldn you ask mm witn wnai lawyers he was splitting fees? A No. we never discussed that.

When I refused to split with him he said he would get his share from my clients. I told him that what he got from my clients was no business of mine. Kresel Hits Back. Q. But you got more cases from hlri atter that, una took lor granted that he wai getting his "split" from your clients? A I didn't think of it at all.

a n-rin't vou think Strang mat he would bring cases to you when he could take them io otner lawyers and pet one-third of their fees? A. I knew better now. "A lot of people knew better smiled Kresel. Sprung admitted that Laulichts brother, Benjamin, was the plaintiff In five cases he handled In less than six months. Daniel Laulicht, he said, was first Introduced to him by a William Weiss, a client.

Q. And did you have any accident cases for Mr. Weiss? A. I believe six, seven or eight not more than 10. Q.

When Laulicht brought you the second accident case, also against a laundry company and also with two men and two women as the "Injured" persons, didn't you think there was something suspicious about it? A. Yes, but I questioned Laulicht and he said it was perfectly proper. He told me I could Interview the clients and find out. Strange Similarity of Case. q.

And did he promise that the next case he brought you would not be similar? A. No. Q. But the third case was different. wasn't It? A.

No. Q. You mean the third accident also Involved a laundry and that two men and two women were "injured I A. Yes. Q.

Didn't you know that he planted the same men and women on you n. No. Q. Didn't you know the sama peo ple took the physical examinations in the three cases? A. no.

Sprun? said he settled the first case for $300. Q. Of that how much did you give Laulicht? A. Nothing. Q.

Do you realize that this is an opportunity given to you to make any explanations as to the statements made against vou and which reflect upon yiur professional career? A. Yes, and I want to help this investigation cp much as possible. Q. Then, wiil you please tell the Court Just what went on In your mind when Lnultch; continued to feed cases to you without gcttU.g anything in return. A.

Laulicht and his brother aid were In the Insurance business, but that business was bad and they needed money. I let them serve processes for me and paid them probably $70 nil told. Maybe I gave thm $10, $15 or $20 In cash at various times. I believe now that Laulicht thought he was getting one-third ol my fees. Q.

But $70 wouldn't be one-third of the $1,850 you say you received in settlement of cases he brought you, WOilld 11! A. HO. Q. Then what did you actually, give the Laulichts? A. I can only estimate, but I would sav $150 at the out side.

Q. Do you mean to tell the court that you were so simple-minded as to be misled by this man who wanted you to split fees with him and who told you that friends of his Just walked up and gave their cases to nlm? The witness mumbled something that was not heard. Validity of Releases. Q. Did you believe Laulicht when he told you that he had so many frlenri.i that, nit hit ha4 tn 4a walk along the sidewalk and they woum run up ana asx mm to recommend lawyers? A.

Yes. Vnil helipvprl thai In th f.u of his demand that you spilt your fee witn nun ouier lawyers naa done? A. Yes. Q. Of course, you know that an indemnity company reiies on the validity of a release it secures from a lawyer In return for Its money? A.

Oh, yes. You knew that If you got any money on a release that was not gen- llini Vntl Wnillil (yarfinrv mnnau Quw.l.lB IIIUIILJ U- der false pretenses a crime under our statutes a. Yes. Q. So you were careful to see that VOlir wpm Kltmnri hv thn nnv.

sons who really met with the in juries a. i may not have been so careful. Did Not Check Signature. CJ. Did you make cny effort to satisfy youriell? A.

I am sorry to say I did not. Mr. Kresel showed him a release signed 'Jack Husch" and acknowl edged by Sprung. Ths witness de ciared thnt had signed it and in nis presence. Q.

Isn't It a fact thai laulicht But Appellate Court Asks Stronger Case for Discipline Larycr. Although Harry Giant, veteran ambulance chaser, whose real name Is Welnstein, tried to crimp the trial of David Marlow, lawyer, on the charge of ambulance chasing by re canting before Referee Harrington Putnam the testimony he pave in the secret probe before Supreme Court Justice Faber, it was the view, ex pressed today, of Mortimer W. Byers, chief prosecutor, that the Appellate Division may take cognizance of the repudiated testimony in dealing jvltn the question of what, if anything, shall hnppe.n to Marlow. "The ruieu ol evidence tnat, ootain in criminal trials do not obtain in such a proceeding as thU, which is in effect an investigation in behalf of the Appellate Division into the conduct or nn attorney," said Mr. Byers.

"I believe the Appellate Divi sion has the power to consider any thing that It regards as snedtllng light on a lawyer's activities. There is no question but that it can properly consider anything that Welnstein said 1 before Justice Faber." Had Talk With Marlow. It was pointed out also by men connected with the prosecutiou of ambulance chasing lawyers that Wein-steln's attempted repudiation of- his testimony might be nullified by the fact that he and Marlow, the accused lawyer, had a talk on last Saturday after Weinsteln took It upon himself to Inform Marlow that he had been subpenaed erroneously for the Sidney Gondelman matter. Welnstein went to Marlow't house and told him that he had testified before Justice Faber that he had chased cases for the Marlow office for 15 percent of the net profits, a clear violation of the statute, and that he divided the IS percent with Harry F. Sclinger, Marlow's brother-in-law, who was employed as a runner in the office, Case Not "Flop," Is View.

These things were pointed out by way of expressing the opinion of the probers that the Marlow case is not the 100 percent flop that It appeared to be on the surface. On the other hand, it was recalled that the Appellate Division, in considering complaints against lawyers on stronger testimony than was obtained in the Marlow case 'had declined to take disciplinary action against lawyers, and on cases very much stronger than that against Marlow had meted out only short suspensions of lawyers. The ordinary run of disciplinary proceedinjs were based on direct allegations of professional misconduct with specific proof as to the facts, Also Denied Chasing for Marlow. In the Marlow case, however, while Sellnrjer gave a list, divided into "so licited cases" and "recommer.dod cases," he swore that Marlow had never instructed him to solicit. Marlow testified to the same eilect and added that it was not until after some of the cases had been litigated or brought into court that he found out I they were obtained from persons who had not sent for him, to whom he had not been recommended.

At that stage, ha insisted, there was nothing he could do about it In the absence of any demand from his clients that other attorneys be substituted. He had received no complaint of dissatisfaction with the legal services he was rendering, Marlow said. Perjury Charges Unlikely. There was small likelihood today that Welnstein would face perjury charges. Harold M.

Kennedy, who is chief assistant prosecutor and' also chief assistant probe counsel, when asked If he would take any step against Welnstein, said: "I shall probably take it up with the District Attorney, but you know the reluctance ot Juries in criminal cases to convict any one of perjury." Again, it was pointed out that Welnstein, before Judge Putnam, took the position that he gave the testimony before Justice Faber against Marlow becauso he was "confused He explained that by sayln; they bad been asking him about Adolph Ruger and Louis Rothbard, two of the lawyers reported by Justice Fabor for ambulance chasing, and that the probers switched to Marlow, with the result that lie thought they were still discussing the other lawyer. That explanation before Judge Putnam was declared silly by officials, for Weinsten told Justice Faber he had to split with Sellnger and Sellnger never worked for any other lawyer, at least so far as the Inquiry and trial evidence has shown. The whole testimony, including the excerpts from the ecret probe, will be submitted to the Appellate Division by Judge Putnam, who denied the plea of Albert Conway, Marlow's lawyer, to strike out counts on the theory that no evidence had been adduced to sus-lal nthem. The Marlow case is expected to develop Into a legal squabble. Judje Putnam is conducting the trials of the lawyers accused of ambulance chasing in a manner that gives -not the slightest indication of what his recommendation to the Appellate Division will be.

He was ordered to report on the facts with hi opinion. lowdenWanager hints at plan to aid smith Continued from Page 1. has consulted with leading when those Republicans stam' out as the experts on the quer.tion hand. The uct that Mr. Lowdrn wr willing to confer 'vith Governor Smith on the farm issue would moan many O.

o. p. farmer votes for the Demo- uririers Like Democratic Plank. no doubt but that the iclon rf the Mld-Wistern farm con-ien i.ee, which approved of the Democratic agricultural planks and disapproved of thoso adopted by the Republicans, has had a great effect In the corn belt sections. It would serrn to observers that Mr.

Lowden's infiu; ence was exerted in those farmer conferences. The farm issue, in the end, may be the one which will determine the Presidential election. It can be presumed that Governor Smith and his manners, none of whom are nllowiw? "ne 'yrass to grow undr tlu-m," will make the most nf all opportunities to rapture the fnrmer voto. PERSONALS CHARM'S MORclAN, from Olllswlck. I.

A. ine tn We Yurk. Iiu9 W. lillil st, Man-hn'tiin. m.itwnij.-pr si unllur a 'type-written, (let yours noJ Send birthday, ol it, tati Hamilton Station.

which you represented yourself being an attorney for people when, In fact, you were not? A. No, there was one other Instance, but not for Kirschner. I didn't see anythinf Improper. The other lawyer was Samuel Cohen, but I don't remember what kind of a case it was Q. Do you hold your prof ession 'so lightly as to let other lawyers use your name? A.

I didn't see anything Improper in It. I thought Mr. Kirschner upheld the standards of the Bar as I did. My practice was mainly commercial, and I want to nay that I never dealt wKh any Insurance company In this matter. Flatow Called as Witness.

Attorney Fred Flatow, of 2 Lafayette Manhattan, was the next witness. He has been a member of the Bar since June, 1924, he said, and now represents the Equitable Surety Company. He said he had been In court last week when Laulicht made his disclosure. Mr. Kresel told him he might make any statement lie cared to.

Flatow, about 33, robust and sunburned, leaned forward in the witness chair, folded his hands across his stomach and spoke clearly and rap-Idly. After his admission to the Bar, he said, he was anxious to enter the criminal branch of the profession and told Daniel Laulicht, an acquaintance he would like to open an office near some magistrate's court. Lau licht, he testified, was anxious to enter the ball bond business, so an office nnany was opened opposite Essex Market Court. Manhattan, which was shared by the Laulicht brothers. Denounces Charge as "Lie." "Laulichts statement that I saw a truck passing regularly and suggested that an accident be faked Is an un mitigated lie!" declared Flatow.

In the latter part of 1925. the wit ness said, Laulicht stated he wanted him to try a couple of cases In which anotner attorney had been retained, as that lawyer didn't try cases- These cases were those of Daniel and Benjamin Lewis, which Laulicht said last week was the name adopted by his brother and himself in a faked accident case. When he found the Laulichts were using the name of Lewis, the witness testified, they told him they used that name more than their own. Flatow settled the cases for a total of $410, he stated. He Insisted he thought the cases were legitimate when he handled them.

The witness estimated that In the four years in which he has practiced he has had only 12 or 15 negligence cases. With the exception of the Lewis cases, he said he could not recall any others brought to him by the Laulichts. Daniel Laulicht had testified that In the faked accident which Flatow denied he manufactured the plaintiff was one Sarnick and the defendant was the Van Iderstein Company. Alleged Forgery of Name. Flatow said he remembered handling such a case, but denied It nac been faked.

He was unable to say where Sarnick now lives. Kresel produced two releases, the signatures to which purported to have been acknowledged by Alfred Werfel as Commissioner of Deeds. Werfel has testified that his name w'as forged to the documents. Flatow's explanation was that he must have mailed the releases to his clients to be signed and acknowledged. The clients, he said, were the Laulicht brothers.

He admitted that beyond Interviewing the Laulichts he took no steps to verify the facts of the alleged accident. Outside of the money he recovered In these cases, Flatow testified, he never paid the Laulichts any money. Mr. Kresel will make an effort today to complete the examination of lawyers alleged to have been members of the fake accident "ring" exposed last week. Two of the attorneys involved were auestioned yesterday afiernoon and provoked many chuckles among the rpectators oy tneir explanations.

They were Charles D. Sprung ol 450 ThrooD Brooklyn, with law offices at 15 Park Bow, Manhattan, and Morris Katz of 1765 53d Brooklyn, whose is at ua Broadway, Manhattan. "Suspects" Cases Were Faked. Sprung declared that after listening to the testimony of the past week he "has suspicions" that 21 cases brought to him In 1925 bv Daniel Laulicht were faked. He ta'H Laulicht attempted to blackmail him when he refused to give him money.

Laulicht, now serving a prison term for larceny, was the witness who named 13 lawyers, Sprung and Katz- Included, as having handled caset known to have been false. Of the 21 cases. Sprung testified, he settled 14 of them for a Vital of $1 850 after having accepted them as legitimate on Laulichts word "But I don't want any profit on them now and I'm willing to return my share to the insurance companies if the Court will permit," he asserted. Sprung denied he had ever given an insurance adjuster a "split" In return for getting a large settlement. Says He Discharged Runner.

Sprung, who said he Is 33 ears old, short and slightly built. He has thinning brown hair, a sharp nose and wears rold-rimmed spectacles. During his questioning by Mr. Kresel for numerous murders caused Detective Schilling of that station to question him at length. The questioning resulted In a "confession" to a list of murders, forgeries and miscellaneous breaches of the law that astounded the detective.

They 'were listed In such rapid succession as to Indlcr'i that Mr. Crosslin was ubiquitous, but the police took no chances. They asked that he be held until they could check up his list. Today Detective Schilling told Magistrate that Mr. Crosslin had Imposed on him.

Not only was Mr. Crosslin not wantd by the police In the towns he named, hut he was ml wanted anywhere In the country in so far as the pullce had been able to determine. Murder 'Conhsser' Faces Tipsy Charge; Fooled Police John Crosslin of 43 Rutland who was held In $50,000 bail on a vagrancy charge after "confessing" several murders, was arraigned before Magistrate Leo Healy in Flathush Court today. The vagrancy charge was dismissed and a charge of drunkenness against him was reinstated. He pleaded guilty to the drunkenness charge and was reirnn'eil to Rav-m'iiia S'reet nmti Friday to alio ths nrob-ition ofttcor to Investigate his 'li'inking habits.

was arreted July 11, at Mhlworx! st. niiti Flatbu.ih ave, alter he had witii a taxicab driver. ''V-cl in a cell at the Einnirn blvd. station, nis prayers lor forgiveness used was olher than Fahrenheit, with (ie-Trcs. In any event, 144 could not mean much mora, said Mr, Scarr, than about 90 her..