Evening star., 1937-02-03
BOND CONFESSES
0'BR|EN SHOOTING.
AID FRIENDS
Co. o-Defendants' Terms Not
Lightened, However, by
Admission in Court.
TWO TO THREE YEARS
GIVEN GEORGE TEAR
Warning, Bond, Montgomery,
Ware and Sweeney Sentenced
to IS Months to 2 Years.

The trigger man" in the gang
shooting July 81 of Joseph E. OBrien
stood identified today as Joseph S.
Bond, who confessed in open court
yesterday in an unsuccessful and dra-
matte effort to obtain lighter sen.
tences for his five co-defendants.
Vying for the spotlight with Bonds
statement was the admission by de-
fense attorneys Of their clients guilt
and their Characterization of the as
sault as the outcome of war be.
tween bootleggers and hi-jackers.
When attorneys for the liquor-run-
ming defendants dec ned to assure
Justice Peyton Gordon that they would
not appeal if he gave lighter sentences
than he had intended, he imposed
prison terms Of 18 months to two years
Oh five of the defendants and two to
three years on the sixth man.
Those receiving the lighter sentence
were Charles r. (Rags) Warning, Bond,
Samuel S. Montgomery, Clarence Ware
and John Sweeney.
Tear Serving Time Now.
Because George F. Tear, the re.
naming defendant, already was serv-
ing a sentence of l8 months to two
years for using a smokescreen, Justice
Gordon gave him an additional term
of two to three years and ordered that
it run concurrently with the earlier
sentence He explained that this ar
rangement will result in Tear serving
approximately the same time as the
others for the assault on O'Brien.
Bonds confession came after JUS
tice Gordon had hesitated as he was
imposing the sentences TO remark that
he felt compelled to mete out the
same punishment to each because, ne
did not know who actually did the
shooting.
Your honor. did" Unexpectedly
spoke out Bond, a tall, black-haired
youth.
Who are you?" Justice Gordon
queried. looking up with surprise.
What is your name?"
Bond, your honor"
Without comment, the jurist con-
tinued with the sentencing. appar:
eLIly W bAAS
Convicted on Two Counts.
The six defendants were indicted
on charges Of assault with danger
Gus weapon and with intent TO XIII,
but neither the grand jury nor police
we're able to say who held the gun.
Following a brief trial, during which
two witnesses were arrested In the
court room on orders Of Justice Cor
don, the jury brought in verdict OF
guilty on both counts.
The witnesses, William r. (Coun-
try Carpenter and Harry (spike)
Behrle, O'Brien's companions the
night he was shot, later were IN.
dicted on perjury charges. The al
legged perjury set out in the true bills
was repeated statements by the pair
during the trial that they couldn't
remember" although they had testi-
fled at the grand jury investigation
Of the shooting.
O'Brien was shot down early in the
morning in the 200 block Of Second
street southeast. Two cars were said
by police to have driven up to where
he was standing. An occupant beck
oned him to approach and then al
legedly felled him with a blow. Sew
eral shots we're FREQ, two striking the
PROSTATE victim in one leg and one
slug lodging in the other leg.
Fearful of reprisals against Car.
penter and Behrle because of their
testimony before the grand jury. po-
lice guarded them "a hours day for
several weeks.
Whalen Makes Statement.
When the six defendants filed into
the crowded court room late yester-
day, Attorney Harry T. Whaien ad-
dressed the court:
"One of these defendants, Mont
gomery. stands convicted in another
case of liquor running" he declared.
"O'Brien, Carpenter and Behrle.
armed with guns, held up his car one
night and took both the car and
liquor. This was only one Of the
hold-ups perpetrated by these three.
1t was highway robbery and COW.
ardly act, because they knew their
victims could not complain to the
police.
And on top of it, the next day they
telephoned Montgomery and told him
they we're going to keep his liquor but
that he could have his car back for
$100."
What you say appeals to the
court" Justice Gordon responded,
but you should have said it before or
during the trial. can understand
that these defendants we're angry and
wanted to get back their property. 1t
was a perfectly understandable motive.
But in asking me to consider this.
are these defendants going to get what
they can in the way of lighter sen-
tences and then appeal?"
w. Bissell Thomas. another of the
defense attorneys, told Justice Gordon
he felt compelled to advise his clients
to appeal.
Charles E. Ford, another of the de-
fense lawyers, Informed the court that
Warning did not intend to appeal, but
Justice Gordon then refused to bar
gain.
Immediately after imposing sentence
he ordered the defendants committed.
Ford and Whalen said they had not
decided whether they would appeal.