Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1922-04-22

Called Lie
by Pierce
Star Witness in Fogs Trial,
Now in Insane Asylum,
Kept Under Dope
Affidavit States.
Officer Franks Blamed

Frank Pierce. star witness for the
prosecution OF Frank Damaio.
charged with the murder OF Frank
fogg, druggist. and convicted oi
manslaughter. declares he believes
Damaio "knew nothing about the
killing OF Fogg," in an afiidavi, filed
by Joseph n. Lovely. in support OF
4 motion Tor new trial ior Dama,o,
IN district court yesterday.
This affidavit was obtained from
Pierce in an insane asylum a, To.
pcka, Kan. In il Pierce admits tha,
he now feels that Mike Damato has
wrongiully been convicted and prin-
cipally upon my evidence given at
the trial. ior il is my firm conviction
now that he is innocent OF any con-
nection with the Fogg murder"
Girl Retracts Statement.
Bcrniee Wiler. another principal
witness for the prosecution, declares
she did not know anything what
ever about the facts OF the murder
and robbery of Frank Fogg. except
only as told to me and prompted by
Detective Fritz Franks and Detective
Wals,on. in another affidavit filed
by Mr.. Lovely.
She asserts that when she was call
ed TO the office OF Chief Walston in
Kansas City she said she never had
been i'll Omaha and that she knew
nothing OF the Fogg murder.
81 was supplied with a complete
description of both men and was
shown their pictures that were pub
lishcd in local newspapers the Wilcr
woman continues.
Tells Of Interview.
William n. Jameson. Omaha law
yer. in a third affidavit. tells OF an
with Pierce. who bafflcd
attorneys defending Damato and
whose testimony was admittedly the
most damaging given against the
prisoner.
81 visited one Charles Kerr. alias
Frank Pierce, and in an interview he
stated TO me that if he could be as
surcd that hc>would not be prose-
cutcd for perjury he would make a
statement in affidavit form denying |
each and every statement by him on
the witness stand which in any way
Mike Damato or his
codcfendant, Walter Stevens" de-
poses Mr.. Jameson.
"Jamicson says Pierce further as
erted that he had given testimony
solely because he wanted to get
away from several burglary charges
bending against him in Kansas City.
md because he was assured that if
We would testify against Damato and
Stevens that the charges against him
would be dropped.
Offers to Retract Word.
Pierce stated if guaranteed i'm
nunity from perjury he would come
o Omaha and repudiate all his testi-
nony and clear Damato of any con-
1cction with the murder of Fogg, ac-
:ording to Jameson.
Pierce. in his affidavit, states his
rue name is Charles Andrew Kerr,
md that he was committed by the
probate court OF Lyon county, Kan,
c the state insane asylum at To-
,eka, Kan He tells Of escaping on
April II, 1921. and admits that he
S again in the asylum under the
anne commitment. I
Says Dope Given Him. ::
At tie time of the alleged conver-
ation with Damato and Stevens at
'06 North Sixteenth street, Omaha,
IN August II, 1921, when Damato
md Stevens were alleged to have
alked of killing Fogg, Pierce in his
lffidavit admits that he was under
he influence of dope and that every
ime he testified or made statement
egarding this conversation in Omaha
lie was under the influence of drugs
me by Omaha authorities"
The Wiler woman deposes that she
lever was on the premises at 706
North Sixteenth street until she was
aiken there by Detective Franks. j.,
Attorney Lovely says he has other
orroborating affidavits which he will ,
lie and that he is confident new
rial will be granted. !.
i