Evening star., 1943-10-23
Police Major Tells
OF Futile Search for
De Marigny's Shirt
BY the Associated Press.


By the Associated Press.
NASSAU, Bahamas, Oct. 23.-
Police Maj. Herbert Pemberton re-
ported today that search of Alfred
de Marignys chicken farm and his
other Nassau property failed to
produce missing shirt which the
accused told Of wearing the night
Sir Harry Oakes was killed.
Other clothing worn by the mil
lionaire's son-in-law, who is on trial
for murder in the Bahamas Supreme
Court, has been introduced as evi-
dence, but prosecution witnesses
have sworn that the defendant could
not account for the shirt.
De Marigny leaned against the
bars of the prisoners dock as Maj
Pemberton resumed the stand to
undergo further cross-examination
by Defense Counsel Godfrey Higgs
Maj. Pemberton answered yes
when Mr.. Higgs asked whether he
had threatened to hold employees at
the farm as accomplices in the slay-
ing If police found any hidden evi-
dence there.
Searched Without Warrant.
Telling of the search of the farm,
a small house on another part of the
island and a garage, Mr.. Higgs
asked:
WAS this done without notice to
the accused and without a search
warrant?"
yes" replied the witness. Except
for the chicken farm, and defense
counsel was there at the time"
The prosecution has stressed the
significance of the missing shirt. Sir
Harry was beaten four times on the
head and his body and bed were set
af1re, and the crown has made the
point that the attackers clothing
likely would have bloodstains or
burns.
AS the sixth day of the sensational
trial got under way, Maj Pemberton
held up slightly bloodstained towel
which has been introduced into evi-
dence and described it for the record.
Stains Not Analysed.
He then spread it over the rail of
the witness stand as though he were
drying it, and leaned against it
while he told about blood stained
doors in the bedroom where Sir
Harry was attacked last July and in
the room where Harold G. Christie,
who discovered the body, said he
spent the night.
Were these stains analyzed?"
asked Mr.. Higgs.
mo"
"Why not?"
Il don't know, sir"
Recalling that the special plane
which was bearing the slain mil
lionaire's body to Miami four days
after the attack was recalled to
Nassau, Mr.. Higgs asked Maj. Penn
berton about the circumstances.
Il don't know about the plane re-
turning except by hearsay," the off,
Ger replied, but I know why the
body was brought back.
ut was because I had certain in
structions for new photographs
Who instructed you to arrest the
accused?"
commissioner Lindop."
Examined Singed Hairs.
Maj. Pemberton referred to 1t
Col. R. A, Erskine- -Lindop, commits
sioner of Nassau police at the time
but now assistant commissioner of
police at Trinidad. ..,.t
The witness said those present at
the time the instruction was given
included Miami Police Capts. E.
w. Melchen and James o. Barker
who were summoned to help solve
the case by the Duke Of Windsor
Governor of the Bahamas.
Mr.. Higgs developed the informa-
ton that Col. Lindrop had examined
the slnged hairs which Capt. Barker
testified he found on De Marigny's
hands and arms after the Staying
Maj. Pemberton said he himself did
not examine them.
Attorney General Eric Hallinan
took over the questioning, and
asked:
Gould Mr.. Chrstie's bed have
been slept in?"
Yes, sir. 1t could have"
Yesterday Maj. Pemberton said
there was an indentation in the
pillow on the bed in Mr.. Christie S
room, but the sheets were hardly
disturbed.
Although Mr.. Christie has sworn
that he slept all night at the Oakes
estate, Westbourne, both prosecu-
ton and defense have referred to a
statement by Capt. Edward Sears
OF the Nassau police, who said he
saw a man he recognized as Mr..
Christie in station wagon down.
| town during the night.