Evening star., 1937-12-04
|CREECH IS CLEARED
IN PERJURY CASE
Prosecution of Harlan Coal
Mine Official Ended
by Verdict.

A verdict OF not guilty was returned
late yesterday in the perjury trial of
Ted Creech. Harlan County, KY, coal
mine superintendent. by a District
Court jury which deliberated an hour
and IS minutes before reaching its
decision.
The finding Of the jury terminated
prosecution of Creech that had its
inception in an investigation Of labor
conditions in Harlan County by the
La Toilette Civil Liberties Committee
On the afternoon of April Is Creech
had q conversation in the corridor OF
the Senate once Building with Rich
ard c. Tackett, coal miner, and one
Of the principal witnesses called by
the Senate Committee. Creech later
told the committee that Tackett had
said he came up Ito Washington
got drunk and messed himself up."
Tackett denied making the state
ment, and as result OF this dis
crepancy the perjury charge was
brought against Creech.
During the District Court trial, q
number Of witnesses were called BY
both the prosecution and the defense
the prosecution witnesses asserting
Tackett had made no such state.
ment, and those for the defense assert.
ing that he had made it.
Tackett Offer Introduced.
The defense attacked Tackett's tes.
timony vigorously, introducing in evi.
dence note he wrote to Creech aftel
the incident offering to make 9
sworn statement repudiating his tes.
timony for $500. They also submitted
what purported to be Tackett's lif.
story. supposedly based on informa.
ton given by him, which in substance
was q complete exoneration of Creech
Tackett admitted signing this life
story, but claimed he did so because
he had been threatened with death
If he refused Several defense wit
nesses, including . Catholic priest
testified, however, that Tackett ap-
parently signed the document of his
own free will in the hope of selling il
to q newspaper.
Creechs case was also bolsterec
considerably by bit of courtroom
strategy on the part of Defense At
torney William E. Leahy during the
closing days of the trial.
Hearing Defect Disclosed.
One of the best prosecution wit
nesses was Deputy United States Mar.
shall Robert L. Bonham, who hat
Tackett in custody during the Senate
hearing and who was present at the
time Of Tackett's conversation with
Creech. On direct examination, Mr.
Bonham testified that he WAS standing
right behind Tackett at the time and
that he was positive he had not made
the statement related by Creech.
Taking Mr.. Bonham on cross exami.
nation. Mr.. Leahy asked q question
without looking at the witness and ir
a tone Of voice audible to the jury
but too low for Mr.. Bonham to hear
At the time he was about 20 feet from
the witness and about the same dis.
tance from the jury. When it becam.
apparent that Mr.. Bonham had moi
heard the question, the attorney re.
peated it in q slightly louder tone
but still the witness did not hear him
Mr.. Leahy. with the fact already estab-
lished in the minds of the jurors, then
asked Mr. Bonham If he was hard Of
hearing, and the latter replied that
his hearing in one ear was defective
Previous testimony had shown that
Tackett spoke in . low-pitched voice
to Creech. and Leahy accordingly
argued to the jury that Tackett might
well have made the statement and that
the deputy marshal did not hear it.