Evening star., 1937-12-02
JA|LER THWARTED
AT CREECH'S TRIAL
Capt. Rives Is Refused Per-
mission to Deny Mar
cotics Charges.

Capt Thomas M. Rives. superin-
tendent Of the District Jail, made q
determined but futile effort in Dis
trict Court today to deny that Richard
c.. Tackett had ever purchased beer
and narcotics while being held in the
Jail as q witness for the Senate Civil
Liberties Committee last Spring.
A sworn statement that Tackett had
purchased narcotics and beer while in
the Jail was introduced in evidence
yesterday by attorneys defending Ted
Creech, Harlan County OKy) mine
who is on trial for
alleged perjury.
After the defense had rested its
case, Assistant United States Attorney
David A. Pine called Capt. Rives to
refute the statement by Tackett. Trial
Justice Joseph W. Cox ruled, how
ever, that the officials testimony was
not admissible for technical reasons.
NONc Ddikeu.
Capt. Rives then asked permission
to deny the statement, saying:
THE impression has been given
that such things have been permitted
to happen at the District Jail, and
the Jail administration would greatly
appreciate an opportunity to refute
that statement. I am afraid a cer-
tain part Of the public will give Gre
dence to the statement"
Justice Cox said he was sorry, but
he could not permit the testimony.
An effort by the prosecution to re-
flute allegations in the statement that
Tackett was drilled" in his testi-
mony by agents Of the Senate Com
mittee met a similar fate.
The defense then called James
Allen, husky Kentucky miner, who
overheard q conversation between
Tackett and Creech last April, which
formed the basis OF the present in
dictment. During the trial the de-
fense placed three men, George Lee
Daniel Boone Galloway and Perry
Noe, on the witness stand to SUBJ
stantiate Creech's version of the con-
versation, which is disputed by the
Governments Allen denied any OF
the three was present.
Principal Issue.
The principal issue in the present
trial Is whether Tackett, while under
subpoena by the La Toilette Civil
Liberties Committee last April. tolc
Creech he came up here, got himself
drunk and messed things up." Tack.
EFT, Harlan County coal miner anc
self-styled bad man." denied befor.
the Senate committee and during thu
trial that he said he got drunk. Creecl
told the committee he did say he 20
drunk, and that discrepancy in testi
mony is the principal basis of tn,
indictment.
AS read to the jury yesterday b,
Defense Attorney William E. Leahy,
statement by Tackett, supposedly hi
life story, not only repudiated his tes
timony with reference to the conver
sation with Creech. but asserted hi
testimony before the Senate commit
tee was "prearranged and bargaine,
for"
Extremely vague as to details an,
names, the 4,500-word statement sale
in part:
MY testimony before the Senat
committee was prearranged and bar
gained for. During the hearings, Bo
La Toilette acted like a. ringmaster /
q three-ring circus, cracking the viii
over the performers.
Drilled in Testimony.
II was drilled (coached) concernin
my testimony in Senator La Toilette
omce, and I was under the innuenc
OF drugs at the time. And after m
conversation with Creech was drille
again before telling the committe
what was said by u.s.
The Rev. Henry Henses, Catholi
priest at Lynch, KY, was called
verify the signatures on Tackett
statement, supposedly made to
newspaper woman named "Mis
Juneau" -.
| Father Henses said Tackett sent fe
him and asked II there was anythin
IN the statement that would get hi,
| In trouble II he signed it.
4 I didn't read 1t thoroughly" til
priest said, "but I told him 1t couldn
| hurt him II It was the truth"
i 1T certainly ID the TRUTH" Faths
Henses quoted Tackett q replying.