Evening star., 1936-12-08
WITNESSES JAILED
AS MEMORY FAILS
| AT SHOOTING TRIAL
Justice Gordon Suggests
Two Called by U. S. Be
Probed by Jury.
CHARGE OF CONTEMPT
OR PERJURY is HINTED
Carpenter and Behrle Were Sum-
moned to Describe Wounding
of 0'Brien.

A complete lapse Of memory sent
two nervous Government witnesses to
Jail today in the District Court trial
OF six men charged with the shooting
last July Of Joseph E. OBrien in front
Of a restaurant in Southeast Wash
ington.
The witnesSes-William r. (Coun-
try Carpenter and Harry (Spike)
Behrle-called by the prosecution as
eyewitnesses to the shooting, said they
had no recollection at all of seeing or
hearing any shooting when O'Brien
fell under fusillade of bullets in front
Of 2l2 Second street southeast.
Trial Justice Peyton Gordon, his
face flushed with anger. turned to
each Of the witnesses and demanded:
do you mean to say you can't re-
member any Of these things?"
When they replied that they could
not Justice Gordon turned to
deputy marshal and said tersely:
Lock them up"
May Go to Grand Jury.
During the luncheon recess, Justice
Gordon said he had suggested to the
district attorney that the case of Car
penter and Behrle be presented to the
grand jury this afternoon for such
action as the grand jurors might see
ct to take. 1t was said that the men
might be guilty Of contempt, or of
perjury, or Of both.
Assistant United States Attorney
Irving Goldstein, who is prosecuting
the case, said the men would be
charged either with contempt or per-
jury.
Carpenter and Bshrle recently
eluded a police guard placed over
them "for their own protection" by
fleeing to Maryland. They left the
District after failing in their efforts
to obtain an Injunction to rid them.
selves Of their unwelcome guards.
The court room was jammed as tha
two men were brought in to confront
the six defendants-Joseph S. Bond,
George (Teddy) Tear, Samuel 8.
(Monte) Montgomery, Charles r,
Rags) Warning, Clarence (Cocky)
" dIC dIlo OOIl11 0WCGllSy.
Stare IntentIy at Witnesses.
The defendants were seated in q
semi-circle to the left of the witness
chair and stared intently at Carpenter,
as he took his seat in the witness box.
Carpenter glanced once at the six
men and then nervously fingered his
tie as he turned toward Goldstein.
Carpenter" the prosecutor asked,
did you see any of these men there
when O'Brien was shot?"
The witness shifted his position,
moistened his lips and then, after q
moments hesitation, replied: "No,
sir, did not"
did you hear any shots7"
mo, sir. not at all"
did you see Monte MONTGOMERY at
the wheel of one of the automobiles in
which O'Briens assailants drove to
the scene?"
mo, sir, didn't. was about 80
feet away"
Goldstein then asked permission to
impeach the witness.
Recalls Talk With Police.
When this was granted, he asked
Carpenter If he remembered a conver-
sation with him and Police Lieut..
Clement Cox in the district attorneys
Office last Friday.
Carpenter, glancing again at the de-
PENDANTS. said he had some recollec-
ton of such a conference, but didn't
believe he could remember anything
about it.
DO you mean to say" Goldstein in
dignantly demanded, that you don't
remember telling us only last Friday
that Montgomery was driving the
carr"
NO"
Didn't you say he had a pistol in
his hand?"
mo"
Didn't you say he was wearing Q
blue polo shirt, open at the neck?''
mo"
Didn't you say you heard him cali
out: Let him have itr"
mo"
ibid that happen?"
II can't remember"
Carpenter hesitated q little when
(see O'BRIEN, Page A-5.)