Evening star., 1939-02-18

HcIlCdlly SICK, as ne kept taking
about a "bluebell or bluebird" and
Fine or FAINT or something of the
sort" 1t was at the Bluebird Cafe
that Denekas testified he met Fine
and Emmitt.
Denekas, again testifying, told
Justice Laws he had intended to tell
him about the Warning contacts
but had let himself get on the jury
and then had brooded over the mat
ter and decided to talk.
Have you had these nervous
spells before?" asked the court.
mot like that"
Your mind would go blank while
you were at the hotel?"
Several times" said Denekas.
The juror insisted that he never
had intended to obstruct justice and
If he had stayed on the jury could
have given fair verdict.
Testimony Brings Suspensions.
The testimony of the two latest
deputies to suffer suspension was
developed late yesterday as follows:
Allen said Upperman displayed
the 500 bill at the marshaIs Office
four or five days before last Christ
mas, explaining that his son had
given it to him. Upperman says
he got this bill on December 2 and
was given $100 in 5s and los by
Mr.. Whelan a few days before
Christmas, while Emmitt Warning
declares he paid the deputy a $1OO
bill about December 18.
The defense held Aliens testi-
mony highly important, because
Upperman had declared the only
time he had such a bill was early
in the month and bank records bore
out. this assertion.
1t was brought out from Allen
that he and Deputy East recalled
only Tuesday that they had seen
the bill and the approximate date
and they had told one of the attor-
neys for Mr.. Whelan and Mr..
O'Connell.
WAS there any reason" de-
manded United States Attorney
Pine, why you shouldn't have
told me?"
The deputy explained that he had
gone to Chief Deputy Marshal
Kearney with the matter.
Pine Angered.
Don't you realize" said Mr.. Pine
angrily, that it might have made a
great difference in this case?"
The witness said he did.
And yet you didn't go to any one
in the district attorneys office?"
II went to my SUPERIOR" said
Allen.
And the marshal did not con-
slider it necessary to inform U.s."
The witness said he didn't know
about that.
Deputy East corroborated Allen.
so" said Mr.. Pine, within the
last day or two you and Mr.. Allen
refreshed your recollection and went
to Mr.. Kearney?"
"Yes, we did"
But it never occurred to YOU to
come to us?"
Il always report such things to
my superiors," said East.
Mr.. Whelan and Mr.. O'Connell
testlfled yesterday afternoon, both
denying emphatically that they ever
PAID Upperman any money during
or between or after the two Warning
trials.
Asked regarding the 500 which
the jury custodian said he was given
by Mr.. Whelan short time after the
first Warning trial, the lawyer said:
1T never happened"
Tells of S. Christmas Gifts.
Mr.. Whelan said he gave Upper
man Christmas gift of IS and
gave two other deputies who accom-
panied him to the Office presents of
the same amount. Upperman told
OF this and identified the deputies
as Crawford and Gates, who re-
signed.
The attorney could not recall
which deputies accompanied Upper
man, but he described the annual
Christmas visit of courthouse at
taches to nearby lawyers Offices as
custom of many years standing
and one he had always considered
harmless.
II don't mean TO convey" Mr..
Whelan explained, that most of
them were deputy marshals. Many
were colored employees at the court
house. They would come around
and wish us merry Christmas and
we would give them small gifts of
money. There would be anywhere
from 20 to 40 each year, and they
would come in groups of three.
Sometimes would draw from the
bank as much as 500 in 81 bills for
this purpose"
Mr.. Whelan testified that Upper