The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1938-09-08
State RESTS
IN Hines CAST
Closes With Hard-Hitting
Evidence Against OPP
posing Witnesses

NEW lOkh, sept. >. lUf)-
District Attorney Thos. +. Dewey.
racketS-SmaShing prosecutor. Wed
nesday rested the peoples case
against Jas. J. Hines. Tammauy
leader. with barrage of hard
hitting evidence intended 10 dis
credit the testimony of a states
witness who startled the court
room by teStifying in Hines fa-
yOr
The trial of Hines. charged with
protecting the Dutch Schultz gang
in its operation of the lucrative
policy lottery racket, WAS IN it's
fourth week as the prosecution
rested.
Dewey lest with the jurors the.
testimony Of an unstatc Democra-
tic leader. Cornelius Casey, chair
man Of the Rensselaer, county
Democratic committee. that Hines
sought mis- assistance on behalf Of
Schultz in 1885.
HE also cOuntered the boomer
an" testimony Of Milton Bernard.
a ACKNOWLEDGEMENTS figure
who from time to time Straightcn-
ed out the Schultz lottery gang ;
accounts when the mObSterS be-
came confused in thier book
keeping Of Il $20,O00.00O-a-year
racket which Hines is charged
with protecting from the law Oh
n salary of $500 Il week.
1t was regarding Il $500 check,
endorsed with the signature of
y. Hines" that Bernard crossed
up the district attorney.
Bernard testified that he had
seen the check on several occaS-
ions and not until he came to
court today had he seen the sig
nature u. Hines on its endorse
ment side. 1t was check which
Rose WcndrOtf. sister Of the gang
lawyer. J. Richard (DiXie) Davis,
had testified she had obtained
from Bernard and delivered 70
Hines. But Bernard SwOre today
under croSS-eXaminatiOn of Lyold
Paul Stryker, defense counsel,
that he did not give it to Mrs.
Wendroff. that it represent part
of 4 $1,000 loan ne made to
Davis. that the Hines endorse
ment had been added after the
check cleared the bank and that
the number of the check had been
changed.
This turnabout. which Dewey
seemed to consider not fair play
made Dewey'S redirect eXamina-
to notify ton mfwypwypp
ton of his witness q kind of
double crosS-examination, during
which Stryker proclaimed that the
district attorney was trying to
''impeach his own witness"
In offering the disputed check
i'm evidence. Dewey had been care
full to assert that the state did
not believe the endorsement 81
Hines" was in the defendant
own handwriting. He left it fOl
the Jurors to assume whether the
defendant obtained the money
regardless of who put his name
no the check.
Bernard denied that he ever
had discussed the checks endorse
ment with Hines or any defense
lawyer.
II may have discussed it with
some of my friends" he said.
Both Dewey and Justice Ferdi
nard Pecora leaned forward t.
ask with whom?" and there wa!
q long interval during which the
witness scratched his head anC
meditated. Then ne said, with
Mr.. Zimmerman. my attorney"
II always looked at every
check | gave to J. Richard Davis.
he said. because | never knew
where it would land"
The final result of Dewey:
long redirect examination wa:
Bernard'S qualification of his pre-
viOus positive assertion that the
name -. Hines" had not been OF
the check on other occasions wher
he had seen it. Pressed by Dewey
he admitted that this was merely
his "beSt recollection"
PecOra asked Bernard if h
remembered what endorSmeent
were on the check when he saw i
last and Bernard said he did not
Demands testimony made i
necessary for Dewey to call Irv
ing Granoff, state income tax ex
aminer, and Spencer E. Bates