Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-12-23

ton by Prosecutor McClintock that
he did not ride from Massillon to
Canton with Mazer on the night of
July 3, but that he came to Canton
alone on an interburban car and Kas-
cholk came later.
Says He Changed Name.
He said he changed his name when
he returned to Cleveland from Canton
because he was afraid he would get
mixed up" in the case because he had
warned Mellett."
When the defense attempted to
bring out the nature of conversations
he held with Prosecutor McClintock,
the state objected and was sustained.
Did you see a certain lawyer and
did McClintock tell you, He's a new
lawyer and a politician and he won't
do you any good?'
The State objected, but McDermott
already had answered.
He did"
The defendants answer as to the
identity of this lawyer was forestalled
by objections.
Judge Reprimands Both.
Twice early in the cross-examina-
ton Judge Diehl was forced to repri-
mand McDermott for retorts to Nc
Clintock, made half under his breath.
McClintock's assistants implored him
to move away from his position close
to the witness stand. McClntock
moved back, but soon was at McDer-
motifs side, punctuating his questions
bv thumps on the wooden witness
box Defense Attorney Durand leap
ed to his feet and protested 1.-THE pros
ecutor's methods" Judge Diehl inter-
jected with:
peace, gentlemen" McClintock re-
sumed his seat
McDernott declared:
1--WE been framed
do you mean that BitZler and
Kascholk and the others framed you?"
McClintock asked.
Exactly" McDermott shouted,
leaning across the rail of the witness
box.
Declines to Reveal Names.
McDer1nott refused to divulge the
names of some of those who helped
TO hide him in Cleveland, but admitted
Ben Nadel and Dan Pfaff were among
them. , ,,,
.sWhy don't you want to tell, Pat?'
Mills interrupted.
"I'ni no rat" McDermott replied.
He steadily refused to tell any names
other than those Of Nadel and PfaH.
The prosecution. asked that McDer-
mott be held in contempt or court.
The court did not rule on the request.
McDermott's testimony under
cross examination corroborated his
story under direct questioning.
McDermott grew angry Wneh
asked whether he had told Wlillam
Bitzler he could tell canton ponce
to go jump in the lake., and Judge
Biehl admonished him for answering
the prosecutors question improperly.
He branded as q lie BitZler's testl-
mony that Thursday night McDer-
mott told him II can't drink tonight.
I've got a big job on
Tells of Telegram.
The telegram to Charles Thomp-
SON." previously mentioned IN dlrecl
examination, was signed by X. L..
Strang." McDermott said he didn't
know any one by that name out ne
thought the telegram was from
KaScholk. ~
what did the telegram mean?"
McClintock asked.
"Get out of town
"You left. didn't you?'
Eyes, for Cleveland"
"Why would Kascholk be sending
you telegram z?
For me to clear out. lie thought
[ knew too much"
did you hear the testimony ABOUT
the telegram"
Yes"
What do you say about it?"
az was framed
do you mean to say Bltzler ana
Kascholk framed you?"
Exactly"
The defendant then related how ne
met Nadel and Pfaff in Cleveland and
was harbored in an apartment there.
Because he didn't want to get mixed
up in it, he refused to say who fur
nished him with money. he denied,
however, that he had received any
money from Rudner.
Asked how long he expected to hide
in Cleveland, McDermott replied:
Until they broke down Kascholks
g. orV ~