Evening Star Newspaper, May 10, 1933, Page 5

PRIEST TELLS JURY OF MEANS' STORY Defendant May Take Stand Late Today After U. S. Rests Its Case. 4 (Continued From First Page) Means turned the ransom over to the kidnapers. Later Means is said to have fixed the evening of March 16 as the exact date for return of the child, and Father Hurney waited all night with Mrs. Mc- Lean, Admiral Land and a nurse at Farview, Mrs. McLean's Maryland home. Nothing happened, however. Demanded Her Money. ‘The next day, the priest sald, he met Means at Farview and Means explained that the plan for returning the baby had failed because the automobile carrying the child had been trailed and the kidnapers found it impossible to “break through.” Father Hurney testified he did not see Means again for a month. On April 17 a year ago, the witness said, he saw Means again at Farview and Mrs, Mc- Lean told Means her lawyers had learned about the negotiations and were demanding that the $100,000 be turned over by Means to Father Hurney. “Means said he had the money th North Carolina and would go down there and get it.” Father Hurney re- lated. “He also said the kidnapers had $49,000 of the marked money that Col. Lindbergh had paid and that they wanted $35,000 to exchange for it. “Mrs. McLean said she would raise that amcunt of money. She urged Means to g0 to the telephone and call his brother in North Carolina and tell him to bring up the $100,000, but Means said he couldn’t do that be- cause his brother might think he was being coerced in some way. but said he would get in touch with him later by code. Means agre:d to go direct to my Tectory when he got the $100.000 back and that he would turn the money over to me personally. The $35,000 also was to pass through my hands. I was to hold the $100.000 until Admiral Land had identified the baby and then was to give the whole $135,000 to Means and the kidnapers.” Found Means at Home. Father Hurney said that several days later, when nothing had been heard from Means, he went to the latter's home on Leland street in Chevy Chase, Md., and walked in, unannounced, about 4 pm. He said he found Means sitting in the front varlor and told him he was rather surprised to see him there. “‘Means asked me if Mrs. McLean had gotten the money all right,” Father Hurney told the ccurt. “I told him no. “Then he said that a man with a red lantern who had identified himself as No. 11 (code number for Mrs. McLean) had stopped him (Means) on the road near Alexandria early that morning and he had turned over the $100,000 to this man. He said he did not know the man and told him that it was his under- standing that he was to turn the money over to Mrs. McLean. He said the man said that arrangement had been changed. Says Story Changed. | “Means later that day phoned me at | the rectory and asked me to come back | to his home and I went there and found Mr. and Mrs. Means and in a little while Father Lloyd arrived. | “Means said he had a moral question | to discuss with Father Lloyd and myself. He wanted to know if we thought Mrs. McLean had double-crossed him. After | some discussion, it was his opinion that the kidnapers had gotten the $100,000 | by a ruse. “On that occasion Means extended | his story about the man with the red | lantern and this time said there were several men. In the afternoon he had mentioned only one man, but in the; evening it was several men.” Means several days later came to Father Hurney's rectory and showed him a letter from Mrs. McLean and her atterneys demanding return of the $100,000, Father Hurney continued. He testified Means complained that the let- ter gave him too short a time in which to recover the money. The next day Means again came to the rectory and asked for an extension of time to May 15. Father Hurney said he consulted | Mrs. McLean and her attorneys and | they refused to agree to an_extension. The prosecution of Means followed. Notified Attorneys. | Miss Poe. under cross-examination, | disclosed that Mrs. McLean had taken | her into confidence early in the negotia- tions with Means and told her that if | the Lindbergh baby were recovered, to | give Means full credit in any story that | she wrote for the Post and to leave her name (Mrs. McLean’s) out of it. Asked by defense counsel why she told Mrs McLean's attorneys about the dealings, Miss Poe, her eyes snapping, | Teplied: | “I did it because I felt Mrs. McLean ‘was in the hands of unscrupulous per- | fons who were endangering her life ! and her property.” “Who were those unscrupulous per- ! sons?” asked Joseph Turco, attorney for Whitaker. . “Gaston B. Means and a person whom I krew as ‘The Fox',” Miss Poe replied curtly. | Under direct examination, Miss Poe | said Mrs. McLean gave her the dia- | monds on April 17 a year ago and . asked her to pawn them for at least $35.000 at the establishment of George Horning across the Highway Brdge. In- stead of taking them to the pawn brok- ers, she raid, she turned them over to Albert W. Fox, one of Mrs. McLean’s attorneys. Valued at $95,000. William H. Wright, diamond expert of Galt's jewelry store, testified today that he appraised these jewels last Saturday and that their minimum fair market value a year ago was $95,000. He em- phasized that this was a minimum val- uation. He said their “demand loan ‘value” was not less than $40,000. Charles R. Burhans, secretary to Wil- ton J. Lambert, another of Mrs. Mc- Lean’s attorneys, testified that he with- drew $6,000 from the Commercial Na- tional Bank for Mrs. McLean on March 18 a year ago. The prosecution intends to show that part of this money was given to Means for ‘“expenses of the kidnapers.” . Gustave Griffoni, Mrs. McLean’s but- ler, corroborated previous testimony concerning the turning over by Mrs. McLean of $100,000 to Means. Telegram Identified. Following Father Hurney on the stand was Harry W. Baker of the Western Union Telegraph Co.’s office in Chi- cago, who identified a telegram which was offered in evidence, but not read to the jury, sent April 11, 1932, from Chicago to El Paso, Tex. District Attorney Rover then read to the jury a letter from Mrs. McLean's attorneys, Frank J. Hogan, Nelson D. Hartson and Fox, and indorsed by Mrs. | McLean demanding of Means a return of the $100,000 given him to pay the kidnapers. i Ralph W. Brickerd and George F. Now, Have Beautiful Hair If your hair is dry, dull or lifeless you need La Moderne Hair Dressing. This refreshing [ Col. Charles A. Lindbergh, sketched by a Star staff artist, as he testifiea yesterday in District Supreme Court at the trial of Gaston B. Means and Norman T. Whitaker, charged with conspiracy in connection with the Lindbergh baby ransom hoax. THE EVENING STAR, WASHINGTON, D. C, WEDNESDAY, MAY 10. 1933. Col. Lindbergh on Stand | —Sketched by Newman S. Sudduth. Tudor, who testified that in March, 1932, they were clothing salesmen for Parker-Bridget & Co., testified that about March 17 of that year, Means | bought clothing in the store and paid for it with four $100 bills. District Attorney Rover then called Miss Elizabeth Nelson, a graduate nurse, who testified she was called into the negotiations for the return of the baby as the nurse who would take charge of the child when it was turned over to Mrs. McLean. ‘Waited for Eight Days. She said she went to Mrs. McLean’s Summer place in Maryland on March 10, 1932, and waited there eight days while Means sought to effect the return of the baby. She said that on April 17 Means reported that the authorities were too close on the heels of the kid- napers and that the delivery could not be made and wpuld have to be made somewhere else. ‘Then, she said, she and Means went to Aiken, S. C, where Mrs. McLean had a cottage and once more arrange- ments were made with Means for the return of the baby. She said it was there she first saw Whitaker. She testified that Whitaker said the baby would be delivered within 48 hours, and she described, as did Mrs. McLean | earlier in the case, Whitaker's elaborate | preparations for the return of the child, with machine guns at each cor- ner of the block in which the baby was to be delivered and instructions to the kidnap gang to shoot to kill at any false move. Again, she testified, Means reported that the kidnapers could not break | through and suggested that they go| to_El Paso, Tex. to receive the baby. | For the third time, she said, at El| Paso Means and the Fox reported that they could not turn over the baby, and | finally she left and returned to Wash- | ington. Testifying in crisp, unfaltering umus‘ for 15 minutes yesterday afternoon, Col. Lindbergh told grim details of the kid- | naping of his son at Sourland Moun- | tain more than a year ago and of his| identification of its wasted remains in | & morgue in Trenton two months later. Under_ cross-examination by the de- fense, Col. Lindbergh disclosed that, while he is satisfied that he dealt with | the actual kidnapers of his son when he had Dr. John F. Condon pay a| ransom of $50,000, he has never been entirely satisfied that a piece of infant’s | clothing which the kidnapers returned to him was that of the child. Rover’s Voice Quavers. Wearing a somewhat quizzical ex- pression as he entered the court room! {and confronted a record crowd of dis- tinguished spectators who cluttered the aisles and attorney’s section, Col. Lind- | bergh answered firmly each question | put to him by Rover and by Defense Attorneys Tomlinson and Turco. Rover’s voice, however, quavered | slightly as he put to Lindbergh his first | question: “Was there born to you and Mrs. Lindbergh some time prior to March 1, 11932, a son?” | “There quickly. “And can you tell the jury how old was,” Lindbergh replied that child was on March 1, 1932?" the United States attorney continued. “He was about 18 months old at that time,” the witness replied. Tells of Discovery. “On that night did you discover that the child was gone?” “I did.” “What time of the night was that?” 'About 10 o'clock in the evening.” 'Was your boy alive at that time e was.” Did you ever see him alive again?” “No. *Did you ever see him dead?” “I did.” “When and where was that?" “It was on May 13 at the morgue in Trenton, N. J.” “Did you identify the body as that ' of your child?” “T did.” | “Do you remember whether there was any one present on that occasion?” “Yes, there were several people pres- ent—the coroner, Col. Schwartzkopf of the State police and Col. Breckenridge.” “Would you know the coroner if you saw him again?” Ta" Rover then summoned into the court room Dr. Swazey, the coroner referred to, and Lindbergh identified him. The prosecutor continued the ques- tioning. “You looked at only one child that Tells of Giving Money. “Did you give anybody some ransom | money?” “Yes, I did.” “To whom “To Dr. Condon—8$50,000, on the eve- ning of April 2.” “Did you ever get the money back? “No, I never did.” Rover then thanked Col. Lindbergh in concluding direct examination and turned the witness over to the defense | for cross-examination. Tomlinson took up the questioning. “What time of the evening was your baby kidnaped?” the attorney asked. “About 10 o'cloct on the night of | March 1" Lindbergh replied curtly. “Did your mother-in-law have a ser- vant named Violet Sharp?” “She did.” “Did she later commit suicide?” Rover jumped up and entered an ob-| jection to this line of questioning on: the ground it was irrelevant, but when Tomlinson explained he was merely trying to learn if Violet Sharp was still alive, the court allowed the question to| be rephrased. “Is she living?" the attorney pro- ceeded. “No, she is not,” Lindbergh replied. “At the time you paid over $50.000 ransom money was there anything ex- hibited by which you could identify the kidnapers of your son?” Rover again entered an objection, but the court permitted the question. Reccived Piece of Garment. “Yes. At that time an additional note was presented,” Lindbergh re- sponded. “Was & plece of garment given to| you?” “Prior to that a piece of garment been returned.” ON THE at Sherwood Forest—“A 4 Miles From U. S. Naval Academy Just as Exclusive Half as Expensive High, Cool and Healthy Ideal place for a summer’s outing—all adva.-ftaga of a seaside country club—Salt-water bathing— Golf (two courses)—Tennis—Horseback riding. (] Surround the children with a wholesome atmosphere For Economy Summer at Sherwmod Forest SEVERN Children’s Paradise.” “Did you identify it as being part of your son’s clothing?” Lindbergh said, “It was similar,” leaning forward and speaking quite earnestly. “In all probability it was the same.” “Are you entirely satisfled in your own mind about it?" Tomlinson per- “Not without doubt,” Lindbergh said. | ‘There is no question in my mind about the identity of the notes.” “What Federal agencies assisted in investigating this case?” the defense attorney continued. Lindbergh leaned forward hesitantiy and asked: “Must I answer that?" Rover was on his feet simultaneously objecting and Justice O'Donoghue sus- tained the objection. Tomlinson put the question in an- other way. “Was the Department of Justice's Bureau of Investigation assisting?” Lindbergh hesitated a brief moment before replying “I had had contact with members | of the Department of Justice at vari- | ous times.” ! +“On_April 18, 1932, as far as you knew, the kidnapers still had the money Dr. Condon paid them?” the attorney asked. “As far as any definite proof is con- cerned, they still had it.” Tomlinson then asked Col. Lindbergh if he knew Rear Admiral Emory S. Land, a relative of the fiyer, who testi- fled at the opening of the trial yes- terday. “Yes, he is a cousin of my mother,” Lindbergh said. “ “Did Admiral Land obtain your per- mission for Mrs. McLean to conduct negotiations for the return of your| child?” § Asked About Assistance. | “Admiral Land came to Hopewell and asked me if I had any objection to one | of his friends—I'm not sure Mrs. Mc- | Lean—trying to be of assistance in | bringing about the return of my son. “Did you give Admiral Land means | of {dentification of ycur son?” Lindbergh scratched his head thought- | ;\{xélv‘ and replied slowly: “I, probably Tomlinson asked the witness if he | had ever visited Mrs. Evalyn Walsh Mc- Lean’s home, or if Mrs. McLean ever | had visited the Lindbergh home or had | seen the Lindbergh son. Lindbergh re- plied in the negative. Turco then took up the cross-exam- ination on behalf of his client Whit- aker. ‘When was this $50.000 in ransom morey paid?” the attorney asked. On April 2, 1932, Lindbergh said. | ‘'Was the money actually marked?” Lindbergh frowned slightly and asked: ‘What do you mean by marked?" | ‘Were the serial numbers of the bills | recorded?” | Lindbergh answered in the affirma- tive. “Was the fact that the money was | marked to become public at once or to be withheld for a’ time?™ “It was to become public after a specified time.” ‘Did not the press first publish these | numbers?” | | “What was the date of that publica- T don't know. I'd have to look the records. I'm certain I could find it in my records, but I haven’ go them here. The date is a matter of public record.” Glad to Heip, He Says. ‘Turco turned to Rover and asked if he could give the date. and the prose- | cutor said he would be glad to do so tomorrow, but he didn't carry such dates in his pocket. “Do you know Norman T. Whitaker?" ‘Turco resumed. No,” Lindbergh replied *Was Whitaker's name ever mention- ed by Condon or any of the others in your negotiations?™ “Not as far as I know.” ‘Have you ever seen Whif gentleman here on my right Lindbergh looked around the corner of the bench to get a clear view of | “The Fo nd squinted his eyes at the defendant for a moment. Then he an- swered quite positively in the negative. That ended Lindbergh's testimcny. Rover excused him after expressing the | Government’s thanks, and as a murmur arose in the crowded court room. caus- ing bailiffs to rap sharply for order, the tall, familiar form of America’s fiying hero disappeared quickly through a door to the witness roox1 to the right of the bench. As he left several hundred persons ran to the exit by which he was leav. ing and burst into applause when he | entered an automobile to return to his hotel. J. E. Hoover in Court Room. Prominent among those in the court room to hear Lindbergh's testimony were J. Edgar Hoover, director of the United States Bureau of Investigation, who co-ordinated the Federal investi. ker—the | | decomposition of the body, that gation of the Lindbergh kidnaping case after the finding of the child's body; Elmer L. Irey, and A. P. Madden of the intelligence unit of the Internal Revenue Bureau, who took an active part in the Government's search for the kidnapers. A number of high Gov- ernment officials, including Senators and Representatives and members of their families, sat or stood about. Cor- ridors outside were jammed with men and women intent on catching even a fleeting glimpse of, Lindbergh. Chief Deputy Marshal John J. Clark- son, aided by other deputies, formed a flying wedge in front of and around Lindbergh as he emerged from the court room and hustled him down a short flight of stairs to the basement and thence to the east exit of the court house, where Marshal Snyder's automobile was waiting, with motor turning over. The car had difficulty in pushing its way through the dense throng of spectators, reporters, news photographers and news reel massed about the entrance. The automobile narrowly escaped running down Miss Ella Okey, 200 block of B street northeast, when the driver was trying to force his way through a crowd around his machine. The automobile, assigned to the United States Marshal's Office, had started away from the curb when the driver tried to clear a way by pushing through the crowd. Miss Okey was caught alongside another automobile. Her shouts caused the driver to stop and back away, permitting her to es- cape She was brushed by a fender, but reported only slightly hurt. County Officers Testify. Dr. Swayre, coroner of Mercer County, N. J., where the baby's body was found, followed Lindbergh to the stand. He testified that Col. Lindbergh viewed the body May 2. Dr. Charles A. Mitchell, county phy- sician, testified he performed an au- | topsy 'on the body and found a marked kull fracture. He sald also the child had an abnormally large fontenal, the | £oft spot in a baby’s head, which closes | usually in about a year. The Lind-| | bergh baby ,he said. was more than 18 | | months old, and still this hole in the | skull had not closed He expressed the opinion, due to the th> QNN TODAY Gude’s flowers are most inex- pensively priced! “It Must H Mother’s E es men | ,\fls | Buy 2 child died within & short time after its disppesrancé—within 48 hours at_least. Mrs. McLean was brought back to the stand for cross-examination after Dr. Mitchell testified and an effort was made by the defense to break down her testimony identifying Whitaker as the man who talked to her in Alken, S. C, and at El Paso, Tex., as “The Fox,” and who also had held telephone conversaticns with her. She insisted she knew the identity of “The Fox” as such when he telephoned and identified as the man on trial. Rev. Robert 8. Lloyd, headmaster of Georgetown Preparatory School, the next witness, testified he came into the case on April 1, 1932, and shortly there- after Means asked him to appeal to Mrs. McLean's attorneys to give him additional time to return the $100,000 which, she had claimed, she had turned over to “No. 11,” an agent of Mrs. Mc- Lean’s, in Alexandria. Other witnesses for the Government yesterday afterncon were George W. White, president of the National Metro- politan Bank, who testified his bank | had loaned Mrs. McLean the $100,000 | which she paid to Means; Reginald E. | Woodyard, bank clerk, who said he | counted the money and put it up for Mr. White; George C. Lenz and P. L. | Fulmer, desk clerks at the Commercial | Hotel, Alken, 8. C., who said Means and Whitaker at the hotel at the time of their meeting with Mrs. Mc- | Lean in_the Southern city, and Wil- | liam A. Ritchie, hardware merchant of Concord, N. C.. who said Means peeled | five $100 bills from a “roll” in payment of a $500 purchase. Telegraph em- ployes identified several telegrams. \WHITAKER CASE PUT OFF ER CASE A fugitive warrant seeking the re-| ! moval to Richmond of Norman T. | Whitaker, on trial here in the Lindbergh | baby ransom hoax, to face a charge of | passing a $150 bad check, was con- tinued for a month by Police Court| Judge Gus A. Schuldt today. The warrant charges Whitaker about | a year ago gave the bad check to United Motors of Richmond. Two aliases ap- peared after Whitaker's name. They were J. A. Stearns and J. A. Stone. MOTHER’S DAY Sunday, May 14 /4 Telegraph Delivery Service if Mother is Out of Town =7 ave Been a —First Taught the World to Smile ... ” On Mother's Day. of coire. y But_wouldn't it he a charn & of Gude's Flowers or poticd pant. all the year by expresting yourself AIN STORE: 12 Phone ou will wear a flower in her honor. \ to send her a bright bouquet Make Mother's Day the happiest in with Gude's flowers. 12 F STREET N NAtional 4278 Other Flower Shops at 3103 14th St. N.W. COl. 3103 More than 20,000 experts advise this treatment 5016 Conn. Ave. EMerson 1226 1124 Conn. Ave. District 8450 * A5 JAPANESE BOYS SEND MARRIAGE AND CAREE RS' GIFTS TO QUAKE VICTIMS 21 Cents Donated by Nine Youths Transmitted Through Diplo- matic Channels. From nine Japanese Sunday school boys, the American Red Cross has re-| ceived the equivalent in Japanese| money of 21 cents for California| earthquake sufferers. The donation came through the solemn diplomatic machinery of the State ent. The nine boys in Tokio wrote: “At the time of the great earthquake in Tokio, the American people have | been so kind and sympathetic toward | us. | “The time has come for us to return | t’lur thanks to the kind-hearted Amer- icans.” Alien Smuggler Sentenced. MIAMI, Fla. May 10 (#).—Gerardo Cabanas of pa Monday was sen- tenced to three years in the Atlanta Federal Penitentiary for conspiracy to smuggle aliens into the United States from Cuba. He waived jury trial and | was held to be guilty of the charge by | Judge Halsted L. Ritter. Cabanas, the Government charged, landed 15 allens | on Long Key, south of Miami, on Feb- | Tuary 14, 1933 3 “WHY ALL THE SUDDEN PAINT- ING, DEAR?" Bubject of Address by Mrs. Clara M. Beyer at G. w‘ v, Mrs. Clara M. Beyer, d%“’:‘of of the industrial division of the United States Children’s Bureau, spoke on “Marriage and Careers” before women members of the George Washington University freshman class today. 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