Evening star., 1933-05-15

and that Lindbergh's $50 900 Of marked
bills and Mrs McLean's 100000 handed
to Means were in lock box at Eliza
beth, N. J.
Means resumed the witness stand for
q brief period at the opening OF the
trial this morning and identified copy
of letter which he said he wrote from
the District Jail last month to Wilton
j. Lambert. attorney, in which Means
said that four of the kidnapping gang
leaders were in Washington at that time
and could be picked up. The quartet
which Means said were in the District
at the time he wrote the letter were
Henderson and "Fenton,' whom the
Government brands as purely fictitious
characters, and Max HaSsel and Max
Greenberg, slain New Jersey beer
racketeers, previously named by Means
as having engineered the actual alb
duction of the Lindbergh baby at Hope
well.
Identifies Another Letter.
Means also identified copy of q let
ter which he said he addressed to
Hassel on May of this year, not know
ing that Hassel and Greenberg had
been shot to death several weeks be-
fore in a hotel at Elizabeth, N. J. The
letter asked Hassel to get in touch with
Mr.. Lambert with view to giving evi-
dence in support of Means at his trial.
The defense rested its case at 1925
O'Clock after Whitaker's attorney, Joseph
Turco. had indicated his intention not
to call his client to the witness stand.
An effort by the Government to dis
prove by rebuttal testimony Means
claims that John M. Keith. of the
United States Bureau of Investigation,
had taken some papers regarding the
Lindbergh case from Means home in
Chevy Chase, Md, when it was
an objection from the defense, which
was upheld by the court
Turco then moved to strike out much
of the testimony given by Government
witnesses in the trial. Judge ODono-
ghue overruled a series Of such motions.
Among the contentious which did not
gain support of the court were: That
testimony concerning telephone con-
yersations between Whitaker and Mrs.
Mclean should be eliminated because
there had been no proper identiflca-
tion of Whitaker'S voice; that all tes-
timony relating to conferences had by
Mrs. Mclean and Means out OF the
presence of Whitaker should be elim1-
mated: that all evidence concerning
$104O00 which Means has been con-
Victed OF embeZZling from Mrs. NC
Lean should be stricken because this
allegedly occurred before Whitaker en-
tered the picture. that all testimony
concerning incidents prior to March
10, 1882. should go out because 1t was
not shown that Whitaker entered the
case prior to that date, and that all
evidence Of incidents occurring after
April l8, 1882, should be eliminated be-
cause there was no proof THE Fox
had anything to do with the case after
that date.
Denies Money Asked For.
In support of his motion for q d.
rected verdict for both defendants,
Turco argued that the Government had
failed to show that either Means or
Whitaker had ever asked Mrs. Mclean
to give them the $4,000 additional
which the Government claims the pair
conspired to get as an Exchange" for
10000 of Jafsie's marked money.
Turco declared the understanding was
that Father Francis j. Hurney was to
handle the exchange transaction with
Whitaker.
If these defendants are guilty of
.n,tf,1ng." 1urco announced, they
were guilty of Misrepresentation
giving bad advice to Mrs. Mclean
not of conspiring to defraud her Of
$S5 O00'
Immediately after the motion for a
directed verdict of acQuittal was over
ruled. the court considered and passed
ppop . large LIST Of prayers Tor tpstric-