Evening Star Newspaper, April 21, 1935, Page 5

LYDDARE CASELP TO GRANDJRORS Wife and Former Gambler Accused of Plotting to Murder Husband. (Continued. From First Page.) for you today,” adding it was to kid- napers who had threatened him. Mrs. Lyddane, questioned about her income, said she received $100 a month at the bank and an income from a bonding company and as a notary public. She was grilled by Pugh as to her authority in drawing funds from & guardian’s account and declared the money she spent was her own. All her withdrawals from the bank were perfectly legitimate, she said. She summarized her personal in- come and outlay and declared she had brought every check she had paid out for the last 15 months to substantiate her testimony. Detective James McAuliffe of Mont- gomery County had testified Mrs. Lyd- dane had more than $700 on her per- son in cash when he arrested her. Mrs. Lyddane explained that she had drawn the money from her vari- ous accounts to buy some “baby bonds” | and to purchase an automobile for her husband. Sought “to Spare” Husband. Pugh asked Mrs. Lyddane why she paid $200 to “extortionists or black- mailers” when she knew her domestic affairs had been made a court record | through Mrs. Beall's divorce suit against her husband. Mrs. Lyddane replied she did this | to avoid objectionable publicity. | Under cross examination by Pugh, | Mrs. Lyddane said: “We, Beall and I, had been seeing each other after the divorce suit and I told my husband the kidnaping story to spare his feelings.” Pugh asked if she had frequented | Lincoln Way Inn, where Carnell was employed as a bartender. “I went there about four times a week, usually with my husband,” Mrs. Lyddane replied. Pugh asked if she had conversations with Carnell while at the inn, | “Yes,” Mrs. Lyddane said, “he ap- proached me many times and I gave him various sums, the largest abou $6." Denies Promise of Bank Key. Asked about charges that she had promised the key to the Farmers’ Bank & Trust Co., where she worked, | Central | as a further pay-off to her alleged confederates, Mrs. Lyddane said: “I have had a key to_the bank for the last 10 years, but I promised it | to no one.” . | “Then why,” asked Pugh, “did you | go straight to Lincoln Way Inn when | the lock on the bank door was changed a few days before your a.r-" rest?” i Mrs. Lyddane explained she had lost a brooch and went to the inn to ask Carnell if he had seen it. Questioned about her husband’s life insurance, Mrs. Lyddane explained he usually carried $25,000, but that re- cently he had been forced to reduce the amount to $15.000. She said that both of them had paid the premiums from time to time. Further questioning brought out that she had loaned money to Frank | Abbo, Italian-born proprietor of the | Lincoln Way Inn, where she had gone | to confer with Carnell. Mrs. Lyddane ‘ said she had loaned Abbo money over & period of about six years. | Lyddane Takes Stand. [ Lyddane, who sat through the all- day hearing beside his wife, followed | her to the stand. He testified his wife had told him she paid out the $200 ot _protect him from kidnapers. During cross-examination, asked: “Did you not say in my office, after | being informed of your wife’s arrest, | that you had not lived as husband | and wife for the last year?” Defense Counsel Stedman Prescott, a State Senator and former State's attorney of Montgomery County, ob- jected to the question, but was over- Tuled. “I told you of my own free will,” Lyddane answered, “that I did not love my wife that way. I knew she was going about with another fellow.” Lyddane corroborated his wife's ex- planation of how she happened to have more than $700 on her person when arrested. He said he understood she planned to buy him a new auto- mobile. Dealers Corroborated Story. Ghormley, Rockville automo- bile dealer, said Mrs. Lyddane had ap- proached him on the subject of buy- Pugh ing a car with the suggestion that he | sell her husband a new machine. Another defense witness, O. H. Howard, automobile dealer, said Mrs. Lyddane had promised to purchase a - 4 ANNE LYDDANE UTILE MOVED Defendant Perfectly Com- posed Until Lawyer Be- gins Defense Plea. BY GRACE HENDRICK EUSTIS. | ROCKVILLE, Md., April 20.—The only time Mrs. Anne Lyddane broke | down and showed visible signs of | emotion during the entire day of her | preliminary trial today was when| Stedman Prescott, her chief counsel, | | pleaded the case before Police Judge Doneld A. Delashmutt, when his, | voice increased, as his plea became more impassioned and rang through the room as he asked not for mercy | but for common justice, her eyes! filled. 1 | She did not sob audibly but she| | kept fishing in her black bag for | handkerchiefs. She wiped her eyes | and nose which had reddened under the powder. Her mouth quivered and | her pretty face showed lines and shadows that were not visible eéarlier in the day. This emotion was only noticeable while Prescott was speaking. When Prosecuting Attorney Pugh leaped up and dissected her testimony, she regained her composure and again | sat very still, her knees crossed end her white gloved hands folded in her THE SUNDAY STAR, WASHINGTON, D. C, APRIL 21, 1935—PART ONE. usual, during his plea, Judge Delash- mutt sat quiet, attentive, swinging his chair a little from side to side. Pugh Less Oratorical. When State's Attorney Pugh rose to speak for the prosecution, he was briefer, less oratorical, if possible, more tense. While Prescott stood firm- ly on his two feet, using them as a brace for his wide gestures. Pugh, kept rising up and down on his toes, clenching his fists. He denied equiv- ocally the defense's contention that a conspiracy was not a conspiracy unless both parties agreed and re- ferred to Mrs. Lyddane’s somewhat confused testimony in regard to her monetary affairs. When the time came for the judge to make his decision he was brief and succinct. Speaking clearly, with- out hesitation, he said he could not agree with the defense that it was up to him to decide this case. am firmly convinced that they (re- ferring to Mrs. Lyddane and John Boland) should be held for action by the grand jury and I so hold them,” he concluded. By this time there were few people left in the court room. The crowd had started to drift out when Prescott began his plea. Mrs. Lyddane and her husband took the judge's decision calmly. They were joined by a few friends, including Mrs. Lyddane’s father. They chatted together with their lawyers and then quietly went out of the court room. where they were met by a crowd of photographers. Great care was taken by the local constabulary that no one should come into the room armed either with a gun or a camera. In the morning two policemen searched every person who entered. One stood at the door- way and “frisked” each person, whether press or spectator. Mrs. Beall, wife of Arthur Beall of Darnes- town. who one time named Mrs. Lyd- dane as corespondent in a divorce suit, was not there herself, but two of her attorneys were, Edward Peter and Miss Vivian V. Simpson. Neither left the trial for a minute. Their attention was riveted on the witnesses. | | They sat tcgether and talked fre- quently. Husband Is Called, < times he had been convicted and suggested that the frequency was such /that he could not count. That gibe laroused Borrell and grudgingly he confessed to four charges, one for larceny in Washington, one for steal- ing an automobile in Reading, Pa.; | another for stealing a car in Wash- ‘ ington, and one for carrying concealed | weapons in New York. On Monday, at 1 o'clock, another | preliminary trial will take place. Again Mrs. Lyddane will be accused | of & plot to murder. This time State’s | Attorney Pugh will try to convince the court that she and John H. (Googy) Carnell and Edwin J. Davis had | conspired to murder Mrs. Josephine | Beall of Darnestown, Md. ER(JTOGRAVUI'EE PRINTED | ON GEORGIA PINE PAPER By the Associated Press. | ATLANTA, Ga. April 20.—Papet | made from Georgia pine trees was |used successfully for printing here teday. | Dr. Charles H. Herty, the Savannah chemist who developed the process by {'which newsprint and white paper are made from Southern pines, brought a roll of paper from his laboratory for the test. . Several prints of the Atlanta Jour nal Sunday rotogravure section were made on the paper and the results pronounced satisfactory. rotogravure | Pennsylvania No. 1—Mr. and Mrs. Francis S. Lyddane leaving the court house at Rockville yesterday after Mrs. Lyddane had been ordered held-for the grand jury on a charge of plot- ting her husband’s death. No. 2—State Senator Stedman Prescott, chief of defense counsel. No. 3—Detective Sergt. Floyd Truscott of the Washington police and Montgomery County Detective Joseph Nolte, who testified for the State. No. 4—Samuel Litkin, taxi driver. No. 5—Detective J. 8. McAuliffe of the county police, who also testi- fled. No. 6—Paul Pissaro, another wit- ness, —Star Staff Photos. CHARGES KIDNAPING TOU. S. OFFICERS | |North Carolinian Asks Knbeui ‘Writ to Escape Penalty in Federal Prison. By the Associated Press. | ATLANTA, April 20—Charging he | was “kidnaped” and “shanghied” from Cuba to Florida by United States Government agents, Lee Scott | | Dillingham of Asheville, N. C., today | | sought to gain his release from Fed- | eral prison here, where he is serving a ! two-year term on conviction of vio- | lating the tariff act. Bringing habeas corpus proceedings | | in Federal Court to secure his release, | ! he charged three men representing | themselves as Government agents seized him in Havana on August 8, 1934, placed him aboard a boat and | took him to Key West. Later he was | | removed to Miami, the petition stated, | | where he was sentenced by Judge | H. L. Ritter on a charge of conspiracy | to import beer in violation of the tariff act. His petition alleged he was tried be- fore Judge Ritter on two occasions | without benefit of a jury trial. The first case was on an indictment al- leging conspiracy to defraud the Gov- | ernment in executing bail bonds. He | said he had been given a probation sentence on the charge and later was indicted on a charge of violating tne | tariff act. —————— Criminal Law Group-Elects. CHICAGO, April 20 (#).—An- | nouncement was made today of the | election of Col. Henry Barrett Cham- berlain, operating director of the Chicago Crime Commission, as presi- | dent of the American Institute of Criminal Law and Criminology. He succeeds the late Andrew Bruce, pro- | fessor of law at Northwestern Univer- | sity and formerly chief justice of the ‘ North Dakota Supreme Court. PROPHET"OF ZION SULKS AT JUBILEE Voices Bitter Blast Against Mayor—Crowds Cheer New Era for City. By the Associated Press. ZION, I, April 20.—Bands played and orators declaimed and people gathered in the streets of this city of Zion today, for the Prophet Voliva had reigned 8 and 20 years over his realm and his reign was ended. And the multitude that assembled heard not the voice of the prophet, for Wilbur Glenn Voliva, he of the booming voice, preceptor of the flat world and proclaimer of doom to his enemles, was silent. Prophet Sulks Alone. ‘While political conquerors of Voliva hailed in a gigantic street celebration the coming of a new day of unity and co-operation in Zion, the veteran overseer of its religious, moral, politi- cal and industrial life betook himself into seclusion after a bitter blast against the “traitors” he predicted could never hold Zion 90 days. It was a day of celebration for the final defeat of the Voliva faction at the polls and the coming power of Mayor Willlam M. Edwards. The Business Men’s Club sponsored the of- ficial rejoicing. . A band played a stirring half hour's prelude to the speech making—so much galling brass and cymbals to the erstwhile dictator of Zion's des- tinies, presumably locked away against the inimical world in his Shiloh house. Worked on White House. Mayor Edwards, a plastering con- tractor, who did a job on the White House at Washington, while President Coolidge was angling in the Black Hills in 1927, decreed a new era for his community. Reading first a text from Joshua, No. i. 8, 9, he said. “We as individuals, from every group in the city, have united in a great cause to end all.the dissensions that have torn our community wide open and exposed us to the rays of public POWERS UNMOVED BY HITLER’S CURT REBUKE TO LEAGUE (Continued From First Page.) Denmark differed slightly from that to other powers since it merely in- formed Denmark, which abstained from voting at Geneva, that the pro- test had been made. MOSCOW.—Izvestia, the govern- ment newspaper, demanded German participation in security arrangements, declaring “the greatest misfortune ewaits Germany” if she starts on the path of aggression. BUCHAREST.—King Carol ex- pressed the hope that Rumania’s armament would be pushed forward. “SHORT, DETERMINED NOTE.” Hitler Sends Meszage {o Powers on Birthday. By the Associated Press. BERLIN, April 20.—Adolf Hitler curtly struck back on his 46th birth- day anniversary today at 13 nations of the world who condemned, through the League of Nations, his scrapping of the Versailles Treaty. “They have no right to appoint themselves judges over Germany,” Der Fuehrer said. A “short, but determined note,” as the foreign office described it, rejected the League Council’s resolution rebuk- ing the Reich’s treaty violations. Der Fuehrer gave out his note while Ambassadors and Ministers accredited to Berlin were entering their names in the book at the Executive Palace provided for birthday congratulations. Denied Right to Judge. The note denied to the powers the right to judge Germany, declared the council’s decision “an attempt at new discriminations against Germany” and rejected it “in the most forceful man- | ner.” | “Hitler, however, was careful not | to close entirely the door leading to | further international discussions, as | the foreign office was quick to point out. “On the contrary,” its spokesman said, “in the closing sentences we in- dicate an intention of replying to| Geneva charges in detail. But for| this there was not time. “We can take up the details later— | presently we have to serve notice that | Geneva’s way won't do.” i Doubts French Power. While Berlin, and the nation itself, DERN T0 WITNESS BALLOON TAKE-OFF War Secretary to Waich Start of Stratosphere Trip in June. Secretary of War Dern intends to witness the take-off of the new giant balloon Explorer II, to be sent into the stratosphere some time in June under the sponsorship of the Army Air Corps and the National Geo- graphic Society from Stratocamp, in the Black Hills of South Dakota, he said last night in a radio address over a Nation-wide hook-up. Manned by Capts. Albert W. Stevens and Orvil A. Anderson, assisted by Capt.” Randolph P. Willlams, ground officer and alternate pilot, the balloon, the largest ever constructed, will be filled with non-inflammable helium. “Since airplanes comprise the prin- ciple flying equipment of the Army, we are very much interested in se- curing sufficient knowledge to enable them to operate efficiently at high al- titudes,” the Secretary said. Aside from cosmic ray and earth curvature studies, “one device will be used to determine whether tiny spores can survive in the stratosphere,” Dr. Gilbert Grosvenor, president of the Geographic Society, said in a speech on the same program. Carrying a ton ‘of scientific instru- ments, the gondola itself will be equipped with a huge parachute, de- signed by Lieut. Col. Edward L. HofI- man, Air Corps. to lower the gondola safely in case of accident to the bal- loon, such as caused the failure of last year’s flight, when the balloon was forced down after reaching & height of 11 miles. MAN HELD FOR ASSAULT TELLS OF HANGING PARTY Three Kidnapers Told Him to Get Out of Town, Says 70- Year-0ld Dentist. By the Associated Press. celebrated “Handsome Adolf's” birth- | SALT LAKE CITY, April 20—Offi- “Pellow citizens, we have now |day anniversary, the first since he be- | cers here today were investigating changed our course and made a glori- | came commander-in-chief of the | the story of Dr. H. J. Smith, 70-year- ous start in a new direction—the di- | “revived” army, diplomatic circles ex- | old dentist who is facing trial on a rection of unity, peace and co-opera- | pressed the opinion he felt he could ' charge of indecent assault on a 12- tion. With this purpose in our hearts | take an uncompromising stand for | year-old girl, that he was kidnaped and a determination to carry it out, | these reasons: {by a band of men and threatencd we as individuals and as a community | _ 1. He believes the proposed Franco- with lynching. will advance in every phase of activity | Russian military alliance by no means | Dr. Smith told Deputy County At- opinion, | —religious, educational, commercial and social.” - FOUR DRIVERS KIDNAPED IN STRIKE ARE RESCUED Snatched From Detroit Wagons, They Are Taken to Office of Union. By the Associated Press. DETROIT, April 20.—Four drivers for the Ebling Creamery Co., snatched from their wagons by gangs of men today, were found under guard in the headquarters of th€ International Teamsters’ and Chauffeurs’ Union. A drivers’ strike has been in prog- ress at the creamery since Wednes- day. Detectives William de Lisle and Roy Prendergrass found the missing men on clues provided by two wagon help- ers who were beaten by the men who seized the drivers. Samuel Hurst, president of the union, and four of the strikers were questioned and released when the perfected. 2. He thinks the Danubian powers | are not united. | 3. He regards the Little Entente not as firmly under the French wing | as France would like it to be. |, 4 His army and air force are further along than is commonly be- lieved. | Political circles said they believed the Reichsfuehrer would now await | the reaction of the powers to his initial protests—the foreign office | previously protested verbally to Great | Britian—before taking any further step. So far as his own people is con- | cerned, Hitler's position was regarded as improved by the tangible mani- | | festations of approval of his rearma- | | ment program which his birthday an- | | niversary brought him. (Copyright 1835.) Girl Scouts Chosen. NEW YORK, April 20 (#).—Mary | Guernsey of Wellesley, Mass.; Lora | Bond of Knoxville, Tenn., and Kath- erine Flad of St. Paul, Minn, have been announced as the three Girl Scouts chosen to represent the United | States at the 1935 international en- | | torney J. Allan Crockett today that he left his home last night to take some fuel to his office, when he was seized by three men who forced him to accompany them, placed a rope around his neck and dragged him into a truck. They took him to an isolated spot in a grove of trees, he asserted, and attempted to throw the rope over a limb. 1 got down and begged for my life,” the aged man told the officer. “They told me to get out (of town) and never come back, or they would fix me so that I wouldn't stay in any place. I promise —— Many Germans in Chile. Nearly ope-third the population of Central and Southern Chile is now German. - If You Suffer With Kidney Trouble You can_ restore kidneys to normal fune- tioning by following the health resort method at home. Drink Mountain Vallev Mineral Water direct from famous Ho: Springs. Arkansas. Endorsed by physicians for over 30 years. Phone for booklet. drivers said they were not the men |campment at Adelboden, Switzerland,| Mountain Valley Mineral Water who pulled them from their wagons. next Summer. Met. 1062. 1405 K St. N.W. A CORDIAL INVITATION TO ATTEND AN INTERESTING SALON OF THE NEW car from him for her husband, but| 1a] When Fr: ? | that she was afraid he would lose | o Francle Todiace sl | p. Prescott based his plea on the to the witness stand, he strode up | his job as an employe of the Mont- gomery County liquor dispensary. “That,” said Howard, “was the only thing holding up the deal.” Mrs. Lyddane had testified she would have bought the automobile but for the uncertainty of her hus- band’s job. She explained she went to Annapolis to use her influence with members of the State Legislature to- ward keeping his job. Shirley Hays, & member of the House of Delegates, and Clay Carlin, a clerk of one of the Legislature committees, corrobo- rated this testimony. Three Accuse Mrs. Lyddane. Byrne Austin, a clerk in the office of the Montgomery County supervisor of elections, testified nothing in Mrs. Lyddane’s demeanor prior to her ar- rest indicated she was under a mental strain. ‘Three members of the Washington underworld accused Mrs. Lyddane of hiring, or attempting to hire, them to do away with her husband—Carnell, who admitted he bootlegged liquor in ‘Washington for five years at about 30 places; William Pollard, alias William Brown, 27, of Alexandria and Wash- ington, a former liquor hijacker, who said he had also been convicted of lar- ceny, and Harry Elmer Thomas, who testified he had served time for house- breaking and other offenses. An alleged confession by Boland was read to the court in which he said he received $150 from Carnell, “who ex- plained he was the contact man for a Rockville woman dered.” Boland, in the confession, de- nied he intended to go through with the job, as did Carnell and Pollard from the witness stand. Sergt. Floyd Truscott of the Wash- ington homicide squad, who arrested said the| prisoner furtively tore up a paper, Boland in Washingtoa, match packet he had in his pocket. Truscott said he pleced the bits to- | gether and found the name Lyddane written on the cardboard. Defense Gives Argument. In summing up the defense argu- ments, Attorneys Kenneth Lyddane, a the accused vnmlnd ; Robert | ground that a conspiracy is no con- | spiracy unless both parties “combine and agree together.” Speaking in a strong voice, using both his hands in | tense gesticulations, he spoke on the | definition of conspiracy. In order to | | have plenty of room for the bulky law book he quoted, he delivered his | speech from the table reserved for the press. There were times in his stren- uvous plea when a note of politics seemed to enter. Again and again he referred to the fine citizenry of Mont- gomery County. He reiterated that he was not begging.for mercy for his client. All he was asking, was the treatment given ordinary citizens. As \intended to go through with their end of the alleged agreement. “Even if your honor believes these flimsy and ridiculous charges against this defendant,” Prescott said, “you would have to conclude that Mrs. Lyddane should not be held, because | no harm was done, no conspiracy was | carried out and the parties on at least one side freely confess they had no intention of carrying it out.” “Half an hour before the trial opened, at 10 o'clock, the court room was packed to the aisles and attendants held back crowds. The majority of spectators were women, many of whom ate their lunches in court in order to hold their places during the noon re- cess. The final arguments were started about 4:30 p.m. and concluded an hour and a half later. looking remarkably neat in his gray | flannel suit, light gray tie and black silk socks. His face was tanned and unlined. competent. Only once did he break down frem his imperturbability. That | was when he admitted that he knew his wife had another interest in her life and that they had not lived to- gether as man and wife for some time. After this outburst, he re- sumed his bland manner. A number of the witnesses brought up by the State had criminal records. One of them, Irving Borrell, was al- leged to have come down to Rockville in & car with one Harry Thomas, who testified previously. Borrell identified Mrs. Lyddane as the woman whom Thomas had come down to' see. Prescott asked him how many NO MONEY DOWN 3 Years to Pay Hot-Water Installedin 6 rooms & 285 have made hundreds of instal- lations of American Radiator Co. ot-water h faction to purchasers. w price includes 17-in. bofler. 6 ra- diators and 300 ft. radiation. FREE ESTIMATES Gladly Sent it See, Write or Phone American Heating Engineering Co. 907 N.Y.AveN.W. 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