Evening star., 1934-11-26
DUNNAND BERLIN
TRIAL IS STARTED
UNDER BIG GUARD
Government Counts Heavily
Upon Testimony of
dutch" Misunas.
LINK WITH HEURICH
ROBBERY is SOUGHT
Selection of Jury Takes an Hour.
Prosecution and Defense
Challenge Freely.

Amid extraordinary precautions to
guard against possible gang violence
John (Slim) Dunn and Samuel C.
Berlin went on trial in District Su-
preme Court today on charges of
participating in the hold-up of the
Heurich Brewery Co., with the Gov
ernment counting heavily on the testi-
mony of Arthur Dutch Misunas,
renegade tri-State gangster.
MiSunas was brought to the court
house by heavily armed squad Of
picked detectives, who surrounded
their movements with the greatest
secrecy. Through his testimony the
prosecution hopes TO link Dunn and
Berlin in the $1,000 robbery, October
5, 1888.
A dozen headquarters detectives and
bailiffs guarded the doors Of the court
room and stationed themselves at
strategic points among the specta-
tors. The doors were closed to the
public when the comparatively small
seating capacity was filed and long
line waited in the corridor outside in
hope of gaining admittance.
Twelve Men on Jury.
1t required about an hour to select
the jury, with prosecution and de-
fense making free use of their chal-
lenges. Twelve men were selected
at IL o'clock, after half a dozen
women had been turned down as
jurors.
In his opening statement, Assistant
United States Attorney Julian I. Rich
ards told Judge James NJ. Proctor
and the jury that he would present
a dozen witnesses to show the de-
PENDANTS participated in the robbery
with other tri-State gangsters.
Richards said that in August, 1898.
Dunn's home in Baltimore was the
scene OF meeting between Misunas.
Walter Legenza, who shot his way
out of the Richmond City Jail last
September. and a gangster named
Phillips, killed by a Washington DO
liceman last Spring.
Defense Counsel Objects.
1--WE will show" Richards declared
that these two defendants and
Legenza, Phillips and Misunas plotted
to rob the Heurich Brewery after
scouting trips to Washington to look
the ground over" An objection to
Richards opening statement was
made by defense counsel James A.
OShea, and the court set down a def
mite rule by which Richards was to
state the case.
O'Shea and Attorney Michael J.
Lane appeared for Dunn while Berlin
was represented by Milford Schwartz.
former United States attorney at
tached to Police Court and Ellis Levin
of Baltimore.
Dunn, slim, dark man OF about
"a, appeared glum and highly nervous
when led into court He has been in
Jail since the latter part of October
on the robbery charge and another
indictment for alleged participation
in the hold-up of mail truck at
Union Station year ago.
Berlin Confident.
BY contrast Berlin appeared smiling
and confident. He is plump and
slightly bald man of middle age. whose
ruddy complexion was in striking con-
trast to DuEn's Jail pallor.
Richards was being assisted in the
prosecution Of the case by Henry
Schweinhaut. another assistant United
States attorney. About half the Gov
ernments witnesses are policemen
from Washington, Baltimore and Rich
mond and the others include several
brewery employees. who were held up.
Berlin was identified in court by
Morris A. Mersaron, an employe of
the brewery The witness said he
had but a "momentary glimpse" of
the bandits. yet had convinced him
self he had seen Berlin with a gun.
Questioned by Defense ATTORNEY
Levin. however. Mersaron admitted
he had not been sure of the identi-
flcation when he appeared at re-
moval hearing for Berlin in Baltimore
last June. Since that time, the wit
ness said, he had made up his mind
that Berlin was one of the robbers
Before adjourning court at lunch
nour, Justice Proctor cautioned the
jury at length against listening to
any one who might seek to 'inf7u-
ence" their decision. He warned any
such approach must be Immediately
reported to the court
MisunaS probably will be the next
witness when the court reconvenes
this afternoon.
Police refuse to disclose where
Misunas has been held since he was
brought here from Richmond yester-
day to testify against Dunn and Ber-
lin. He is waiting sentence after
pleading guilty in the murder of a
Federal Reserve Bank truck guard
during hold-up in Richmond.
Misunas turned States evidence, and
it was largely on his testimony that
death sentences were meted out to
LegenZa and Robert Mais. This lat
ter pair broke Jail in September. kill
ing a guard and wounding two others.
They are still at large and police
fear they may attempt to get"
MiSufas