The Washington times., 1932-05-18
PLAINTIFF ENDS
CASE To GUST
N LEAN
Justice Bailey Refuses to
Admit Defense Testimony
of Conspiracy"

declined to admit evidence
which Major Julius I. Peyser,
counsel for Edward B. Me-
Lean, sought to introduce, to
show that under-cover agents
had been, employed to "scare"
Mclean.
The net effect, Peyser said,
was to keep Mclean out Of
Washington.
This attempt to show a con-
spiracy against Mclean followed
the rather abrupt resting of the
plaintiffs case in the Mclean
custer proceedings, following the
description Of a flight by Mclean
from Friendship to LeeSburg, Va,
to evade a subpoena.
Told by Chauffeur
The story of the flight was
told by Harry Kohler, formerly
Mclean chauffeur, now employed
as chauffeur by Mrs. Evalyn
Walsh Mclean, the defendants
| GSGEdlBEO W1Gs
Koehler said he had last seen
Mclean the day before he sailed
for Europe last fall, having left
him at the railroad station in
Baltimore to take a train for New
York. Two days before that,
Kohler said, two United States
marshals had called at Friend
ship and had asked to see
Mclean.
The latter said that he would
be down in few minutes, but in.
stead of meeting the men he left
the house by another door, hav'
ing previously instructed Kohler
to meet him with the car in Wis
consin Avenue.
Once in the car, Kohler said,
Mclean told him to drive over
Chain Bridge, into Virginia, by
the quickest route. When over
the bridge he left the car and
made two telephone calls.
Got "AnOther Party"
r A little later, George B. Fraser
:. McLean's financial secretary, met
!. him there and they had a con
y versation. Mclean continued or
.. to his farm at LeeSburg, where ht
told Kohler to drive back anc
get another party" who wa:
also driven to Leesburg.
The following day McLeaI
made several telephone calls, ont
of which was to Paul Block, II
New York. Kohler heard him aSl
2 Block to make reservations fol
q him on the Olympic, sailing
d shortly thereafter.
l. The next day, Kohler said, III
l. drove Mclean to Baltimore, Wis
n Whites Ferry and Rockville
% without entering the District o1
Columbia. He had not seen Nc
Il Lean since; in fact, he said
Is Mclean had not been in Wash
h ington much during the las
a two years.
Il Was Owed His Pay
- He said Mrs. Mclean has
given him a job after he lef
the defendants employ, primar
lily to do the driving in her hun
Z for the Lindbergh baby. He il
! still employed by her. McLea1
owned him three months pay
he said, when he left his EN-
ploy.
Here counsel for Mrs. McLear
rested their case.
Major Peyser put on the stant
as his first witness Miss Eliza
beth E. Poe. literary and music
critic for the Post. She sale
she was not employed by Mrs
Mclean.
Peyser asked her to produces
certain checks on local bank
She said the checks. were he
personal property, bgt had then
brought to the courtroom.
Evidence Not Admitted
When questioned as to the pur
pose of introducing the cheeks
as evidence, PeySer said he in
tended to show that they repre-
sented payments to members o
the Post staff and others to ac
as undercover agents and to keeI
Mclean away from Washington
under threat of prosecution.
This evidence the court de
clined to admit.
David N. Houston, trust offjcel
of the American Security anC
Trust Company, had previously
testified aS to Post finances,
Had Profit In 1929
He said the Post had made {
profit of $23,54O.97 in 1929, bu
had lost $l17, ,335.85 in 1890 anC
$139 ,39l. 90 in 1891. 1t had alsC
lost money in former years-$62.
I GOT y<6 in 1927 and $5s,777.53 il
1925.
E,e had not thought it eithel
ne eyessary or desirable to consult
M&Lean of late. He last saw hin
in the summer of 1881 and laC
written him about two months
ago. but the reply came to Cor
coran Thorn.
Major Peyser introduced state
ment made by Mr.. Thorn in 1881
to the effect that since 1929 tbs
Post had been an unproductive
asset of the estate.
According to the statement this
was due to increase in competi
tion on the part of other papers
and The radio and to inability tc
make necessary improvements tc