Evening star., 1947-02-25
Durant Trial Recesse
Until Tomorrow 10
Study Legal Point

The court-martial of Col. Jack
W. Durant on charges of conspiracy
to steal and dispose of the Hesse
crown jewels was adjourned unex-
pectedly this morning until ton1or-
row after the accused's brother,
James E. Durant of Falls Church,
Va, and his wife had been sub
poenaed to testify for the prose-
cution.
A spokesman for the eight-man
trial board said the members ordered
the recess to decide on legal
technicality" but refused to describe
the point at issue.
James Durant, Falls Church city
councilman who has been suspended
as a Government accountant pend
ing outcome of the case, appeared
with his wife and attorneys at the
trial today for the first time since
1t opened at the Pentagon more
than two weeks ago.
Witness Becomes Ill.
DR.. Reuben Mark, Chicago ply
sician, became i'll yesterday while
testifying for the prosecution
against his friend, Col. Durant, and
it was reported the witness still
was indisposed this morning.
The trial has been marked by
heated. clashes between prosecution
and defense over admissability of
statements reputedly given to Army
investigators by James Durant. So
far, the defense has succeeded in
blocking the disputed testimony.
Maj. Joseph S. Robinson, chief of
prosecution, denied that today's re-
cess was called to have a showdown
on a disputed issue over a conf
dential' report made by the Grim
inal investigation division to the
provost marshal general.
1t. Col. Ralph Pierce of the CID
has completed direct testimony, but
the chief of defense counsel, Maj.
Joseph Bryan, has refused to cross
examine Col. Pierce until the prose-
cution furnishes him a copy of the
report of Col. Pierce's investigation
Of the case.
Opinion is Requested.
Maj. Bryan said he knew of no
reason for withholding the report
unless third degree" or other "out-
moded" methods had been resorted
to by the investigators to obtain
statements.
Under direction of the court, Maj.
Robinson asked the Provost Marshal
General for an opinion on whether
the Investigators report was to be
held confidential" Col. Pierce
later reported to the court the Pro-
vost Marshal General was unwilling
to release the report to the defense
unless so ordered by the Secretary or
Undersecretary of War.
Maj. Robinson insisted that he
had carried the appeal as far as he
was qualified and did not wish to
take the matter to the Secretary of
War unless so ordered by the court.
Tells of Seeing Diamonds.
DR.. Mark was telling the court
how Col. Durant showed him "15 or
20" diamonds and asked if he knew
any jewellers in Chicago, when the
witness indicated he was i'll and was
excused for the remainder of the
day. He was given first aid in the
civilian dispensary at the Pentagon.
The physician explained he had
known the 38-year-old former In
terror Department attorney for four
years and considered him a friend.
They had met on several social oc-
casions, DR.. Mark said, and last
March he saw the colonel again at
a restaurant in Chicago.
On this occasion, DR.. Mark said,
Col. Durant showed him what ap-
peared to be diamonds" and asked
if he knew any jewelers.. The wit
ness testified Col. Durant explained
he hsd bought them cheap in Eu-
rope"
The defense objected when Maj.
Robinson asked, What did the
accused say to you as to the dispo-
sition of the diamonds?" The OBJ
lection was based on the contention
that the matter of "disposition" was
a leading question.
While counsel were arguing the
point, Or. Mark rose uhsteadily to
his feet and indicated by gestures
he was becoming i'll. This occurred
after about 20 minutes of testimony,
and court was adjourned until to-
day Because other prosecution wit
nesses were not Immediately avail
able
It was believed James Durant will
be called tomorrow to testify. His
alleged statements to Army inves-
tigators so far have been ruled out
of the testimony of prosecution wit
nesses.