Evening star., 1934-11-28
Baltimore Policeman Called
to Refute Story of Hold.
up Suspect.
PROSECUTION BANKING
ON MISUNAS' TESTIMONY
Hopes Gangster's Identification of
Pair as Brewery Bandits Will
Bring Conviction.

Concluding arguments were being
presented today as the trial of John
(Slim) Dunn and Samuel c. Berlin
on charges Of participating in the
81 800 Heur:ch brewery hold-up drew
near close in District Supreme Court.
A rebuttal witness. Policeman Jo-
seph E. Lynch of Baltimore, testified
this morning in the Governments
effort to refute certain details of
Berlin's history given by the defend
ant yesterday. Lynch had testified
Berlin had not been absent more than
six months at any time since 1929
from the vicinity of the policeman's
beat in downtown Baltimore. Lynch
said Berlin apparently had no regular
employment during this time
Yesterday Berlin told the fury he
had lived several years in New York
and Atlantic City. since 1925 and had
been regularly employed by several
large concerns.
Prosecution Banks on Misunas.
The trial opened Monday before
Judge James NJ. Proctor, with the
Government banking heavily on the
testimony of Arthur (Dutch) Misunas,
former Tri-State gangster. who turned
States evidence Misunas probably
will be returned to Richmond today
Police guarded Msunas with sub
machine guns and picked details of
sharpshooters when they brought him
to and from court All spectators not
known to police are searched before
being admitted to the court room.
The two defendants testified in their
own behalf late yesterday and issued
categorical denials TO all charges
made by Government witnesses. In
particular. they denied the story of
Misunas, and both were positive they
had never seen the burly blond gang
ster before he implicated them in
the robbery.
Berlin, prompted by Defense Attor-
ney Ellis Levin of Baltimore, gave
sketchy history of his life. He ad-
mitted he had been arrested on at
least two previous occasions, once for
fighting and again for carrying q gun
he never saw until policeman pulled
it out of his pocket at headquarters
like rabbit out of hat.
Both Offer Alibis.
Berlin said he was in Baltimore, at
restaurant. listening to the broad
cast of world series game, and there
fore could not have been in Washing
ton when the robbery occurred, as
charged by Misunas. He said he could
find no one who remembered his being
there, and had no alibi witnesses.
Dunn said this same world series
game had helped him to refresh his
memory as to where he was on the
afternoon of october 5, 1888. Dunn
confirmed the testimony of four alibi
witnesses from Richmond, who had
preceded him to the stand. They
placed him in the Virginia capital at
the time of the robbery
These witnesses we're Mrs. Ruth Hoff-
man, 10 North Belmont street, Rich
mond; Edward D. Strain, unemployed
locomotive fireman. of 5 North Bel
mont street; Thomas Neahni, operator
of a delicatessen at 20 North Belmont
street, and Elmer Ray Neville, a bar
Der of the l400 block of West Main
street.
witnesses Positive on Alibi.
Strain and Neville recalled they saw
Dunn watching world series returns
being posted on scoreboard at the
Richmond Fair late on the afternoon
of October 5, 1888, and the other two
placed Dunn in Richmond early that
same night. Mrs. Hoffman said she
lived at the same boarding house
where Dunn had a room.
Cross by Assistant United
States Attorney Julian I. Richards,
all the alibi witnesses were positive
they recalled seeing Dunn on the
day of the robbery. although less GER
tain as to when they saw him before
and after this date. Mrs. Hoffman
said she fixed the date because of the
fair, and the men said it was the
world series game which made the day
stand out in their minds.
Denies Boosting of Hold-up.
Berlin was at loss to explain why
a former cellmate at Baltimore, Rus
sell v. Edwards, came here and testi-
fed Berlin boasted of robbing the
brewery when he returned to his cell
following removal hearing at Balti-
more last June. Edwards is serving
four years at the Maryland Peniten-
tiary for false pretenses.
"All ever said to that guy" pro-
tested Berlin, was to pass the time
of day and hand him a few cigaretts
now and then"
Berlin denied he had described the
activities Of the tri-State gang to
Edwards, as the witness charged, or
had asked his cellmate to join a gang
he planned to form when he got out
of Jail.
The prosecution closed late yester-
day, after putting a dozen witnesses
on the stand. Several brewery en-
ployes identified Dunn. Berlin and
Misunas as men who had held guns
over them during the robbery. The
defense closed just before adjourn
ment for the day, after putting the
defendants on the stand.