Evening star., 1934-11-27
CELLMATETURNS
AGAINST BERLIN
IN BANDIT TRIAL
Declares Defendant Told
of Part in Robbery of
Heurich Brewery.
WITNESS RELATES
FEAR TO TESTIFY
Telephone Operator Identifies AL.
legged Gunman-Dunn Also
Is Pointed Out.

trial in District Supreme Court with
John (Slim) Dunn, charged with par
ticipation in the 81 500 hold-up Of the
Heurich Brewery on October S, 1888.
The witness. Russell v. Edwards.
who is serving four years in the Mary
land Penitentiary for false pretenses.
testified he and Berlin shared a cell
in the Baltimore City Jail last June.
Edwards told the court Berlin was re-
moved to go to hearing before the
United States commissioner
Returning, Edwards said, Berlin
explained the witnesses had been
brought to the hearing from the
Heurlch Brewery in an effort to re-
turn him to Washington.
One fellow could identify my pic
ture, all right" Edwards quoted Ber-
liz as saying, but he wouldn't identify
me in person, although I was the guy
who held the gun on him in that rob-
berry over there"
Afraid to Testify.
A Government witness in the trial
declared that he had been afraid on
previous occasion to identify Berlin
CD O44C Va lItt IODDClS UtG lllE
was sitting within feet of me, lean
ing forward in his chair and glaring
into my eyes"
The witness, Vincent D. Sullivan,
22, switchboard operator at the
brewery, said this occurred last June
when he was called to Baltimore to
testify in removal hearing for Ber-
lin before United States commits
sioner.
Today Sullivan went boldly UP to
Berlin as he sat in court and placed
his hand on the defendants shoulder.
Identifies Berlin.
This is the man whom I saw
standing over me with a gun as I lay
on the floor in the Heurich brewery
Office" Sullivan declared
Questioned by defense attorneys as
to why he was not certain of the
Identification at the Baltimore hear.
ing, Sullivan said:
i was afraid to identify Berlin
then. He was sitting within three feet
OF me, glaring at me. That was why
1t was hard for me to make UP my
mind on the spot. On thinking it
over, was convinced that Berlin was
the man and later picked him out Of
the lineup at the District Jail"
Sullivan was the first witness as the
second day of the trial opened this
morning before Justice James M.
Proctor.
The other defendant. Dunn. was
identified in court today by ANTHONY
i NQTr hYpu-prt- H1orE
Dunn as the robber who waved a gun
at him and ordered him to lie down
on the Office floor
Spectators Scanned.
Spectators were scanned by head
quarters detectives as they entered
the court room and some were
searched for possible guns before be-
ing allowed to enter.
Although be lifts were on the alert
in the court room, the heavily armed
guard OF yesterday was relaxed some
what because Arthur Dutch Misu-
mas, renegade tri-State gangster and
the Governments ace witness. was not
brought into court.
Assistant United States ATTORNEY
Julian l. Richards said the defense
was through with Misunas. although
it seemed possible the Government
witness might be recalled later today
Tor croSs-examination by the defense.
From all appearances, Misunas
seemed to enjoy his day in court yes
terday. The burly blond gangster
made good Government witness.
Misunas was never at a loss for the
right word. His language was pic
turesque and to the point.
Only occasionally did he seem to
feel a tWlnge of uneasiness, glancing
over his crooked nose at Dunn and
Berlin, who were hunched forward in
their seats, eyes glued on his
At such times Misunas would lick
his thin lips and readjust his tie.
Tells of Meeting.
He talked through the corner of
his mouth.
Misunas, he said, knew exactly
where and how he met Dunn and Ber-
lin in Baltimore. That was in August
OF 1888. Later he went to live at
Dunn's house.
There, he said, conferences we're
held between himself, Dunn and Ber-
lin and two others who came there
William Phillips, killed by Washing
ton policeman last Spring, and Walter
Legenza, alias William Davis. who
killed a guard at the Richmond City
jail last September, shooting his way
out in company with another prisoner
under death sentence, Robert Mais.
Misunas related in minute detail
how they spied on the local brewery.
how they planned and carried out the
job, and how they separated the
money and spent it in Baltimore.
Misunas said his share was around
5000"
Defense counsel jumped at this
chance. BE specific" one lawyer
commanded, what do you mean.
around s20o?"
"All right, I'll be specific. I got
$199.18 cents-how do you like that?"
Later in the trial, another defense
attorney challenged Misunas when he
said he got around 5000" as his
share.
IAN right, then" Misunas replied,
"I got $18S99. Is that all right?"
Didn't you just tell this gentleman"
shouted the attorney, that you got
$199.18?"
Sure" grinned the witness, "and
$199.18 satisfied him. Now I'm trying
to satisfy you"
Dunn was pointed out in court as
one of the men who held up the
brewery by Claude r. Price, the
plants engineer.
Misunas, who pleaded guilty to mur-
der in Richmond, is still awaiting
sentence after turning States evidence
against Legenza and Mais In the kill
ing of q Federal Reserve Bank truck
guard during Q Tri-State gang rob-
berry. He will be returned to the
Virginia jurisdiction after the trial.