Evening star., 1947-03-11
Counsel for Durant
Asks Right 10 Query
Greek Princess Again


Defense counsel at the court.
martial of COL Jack w. Durant
today asked permission to com.
plete the cross-examination" oil
the Greek Princess Sophia and
other witnesses in Europe before
the prosecution Is allowed te
close It's case against the 38-
year-old former Interior Depart
ment attorney charged with con-
spiracy in the $1,500,000 theft
of the Hesse crown jewels.
While Indignantly denying impli-
cations Of the prosecution that the
defense was "stalling for time" Capt
Glenn V. Brumbaugh told the court
he had been unable to finish cross
questioning of several witnesses be-
fore the trial was moved to the
Pentagon more than month ago
from Germany.
Maj. Joseph s. Robinson. chief of
prosecution, counsel, replied that the
record showed many pages of cross
examination of Princess Sophia
about Al in all
Testify on Ownership.
tnT-,o Jef1,eo ;r fal1or,;, &c x,e,, a I
tactics employed since this trial be-
gam Maj Robinson told the court
He insisted every opportunity had
been given defense counsel TO inter-
rogate the witnesses in question.
Princess Sophia and other men,
hers of European nobility had
testified in Germany to the owner
ship OF a great trove of jewelry and
royal heirlooms which had been
buried in sub-basement of Kron-
berg Castle when the air lombard
ment of Germany was at its heaviest.
The trove was stolen in. November
of l945 while American forces oc-
cupied the castle as a rest home.
The court recessed until tomorrow
morning after sitting for half an
hour to receive a report from Maj
Robinson on his plans The prosecu-
ton counsel stated he had received
no ruling as yet from the Under
secretary of Wars Office on whether
a confidential report of the Durant
case will be turned over to defense
counsel to aid in the cross -examina-
tion Of 1t. Col. Ralph Pierce of the
Criminal Investigation Division.
Defense Insists on Report.
The defense has insisted on receiv-
Ing this report, which it claims Maj
Robinson used in direct examination
of Col. Pierce, before the colonel is
returned to the stand for cross-ex-
animation
The recess was ordered before the
court passed On the defense request
to recall witnesses in Europe.
Meanwhile, prosecution demanded
that the court-martial board cite
the colonel's brother and sister-in-
law, Mr.. and Mrs. James e. Durant
Of Falls Church, Va, to the civil
courts for refusal to answer certain
questions.
Motion Under Amusement.
The eight-man board took under
advisement a motion by Maj Rob-
inson to certify to the Federal
court in Virginia "for such action
as 1T naay4 see sfit to take" the
record of Mr.. shd Mrs. Durant.s
refusal TO answer questions that
might tend to incriminate" them
Maj. Robinson declared this re-
fusal was "a spectacle seldom seen
in the military court" in that both
witnesses, summoned by the prose-
cution, declined to answer "ques-
tions which could not possibly have
incriminated them" He pointed out
the court is acting under authority
Of Congress and mo witness,
whether military or civilian, has 8
right to hide behind a subterfuge"
and refuse to answer all questions.
Maj. Joseph Bryan OF defense
counsel protested on the ground the
move was an attempt to prejudice
the case of Col. Durant.
The court ruled the matter is a
collateral one and any action taken
on it will be deferred until the
proper time"
Maj Robinson was overruled in
his effort to introduce evidence of
alleged haste" in the marriage of
Col. Durant in Chicago, March %,
to former WAC Capt. Kathleen
Nash, who was convicted as a con-
spirator in the theft and sentenced
to five years in prison.
The chief prosecutor, whose re-
marks later were stricken from the
record, declared the marriage was
very, very hurried for the purpose of
supressing evidence which otherwise
would have been brought before this
court" Maj Robinson contended
the couple obtained the necessary
permits and license and we're mar
ried the same day in less time than
that prescribed by Illinois law. The
prosecution was not PERMITTED to in
troduce alleged documentary evil
dence to this effect.
Lost in Dictation Machine.
On the matter of missing testi-
mony, the court ruled the gap in
the record of February IL would be
repaired by the recall of witnesses
and by the courts own notes and
personal recollection. Part of the
testimony on that day was lost in
a dictation machine taken for use in
an adjoining Office. after the prose-
cution staff moved to other quarters
Several witnesses were recalled
including John Shaw. former en-
plove of the jewelry firm of Shah
e. Shah, 900 block of F street NV.
who previously had testified he
bought three diamonds from Col
Durant last spring for s357. He
pointed out the defendant as the
man who had identified himself as
'Col. Gable"
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