Evening star., 1947-02-19
Durunt
Continued From First Page.)

jewelry firm for diamonds bought
from Col. Durant, he went to see
James Durant and the latter led
him to an area covered by under
brush in the 200 block of West
George Mason road, Falls Church.
Mr. Durant, who has been sus-
pended from his job as a Federal
accountant pending the outcome of
an investigation, was quoted as hav-
ing pointed out a spot which Capt.
Smith searched and recovered the
coil of gold wire. The prosecution
contends the conspirators ripped the
gems from their settings and had
the gold melted into wire.
On objection of the chief defense
counsel, Maj Joseph Bryan, the
court ruled that mention of James
Durant by Capt. Smith be stricken
from the record. Capt. Smith was
allowed to identify the wadded wire
taken from an exhibit in front Of
the Court Martial Board.
Stricken From Record.
''Who was with you when you
tIllSt b1lC WIIltCoS nd S1EohCd
The defense counsel, however,
posed an immediate objection and
was sustained.
The prosecution then asked, Did
you know of the existence of this
ball of wire before you talked to
James Durant?" The witness was
about to reply when the court inter-
posed with the remark that the
prosecution seems to be trying to
come in the back door with teSti-
mony it. has been prevented from
bringing in the front door"
All right, then. who was there?"
Capt Smith replied so quickly to
this question it came out while Maj.
Bryan was on his feet protesting.
James E. Durant," was the reply.
This answer was ordered removed
from the records.
Dug Up Fruit Jar.
Without being permitted to say
who accompanied him, the Army
Investigator said he went the same
day to a point indicated to him in
nearby Virginia. not far from the
intersection of Leesburg Pike and
U. S. Route No. So At point in
dicated, he said, he dug from the
ground near the roots of tree, a
sealed glass fruit jar containing what
appeared to be paper on the out
side and a layer of red sealing wax
Just under the metal cap.
The captain explained he did not
break the seal, but photographed the
jar end had it sent to the provost
marshals office in Germany. In
vestigators previously had revealed
that the jar contained $4,000 in
bills of $40 and $50 denominations.
While telling the court that Fed
eral judge had overruled James Du-
rant in his efforts to avoid testifying,
Mai. Robinson did not reveal when
he would call this witness to the
stand
The trial was recessed yesterday
afternoon when the defense objected
to testimony regarding James Dur
ants words and actions given by
Capt. Smith.
It was In connection with a 1857
check. which a previous witness
Frank Shah Of the jewelry firm OF
Shah & Shah, in the 900 block of F
street NV. said he gave Col. Durant
last March in payment for several
loose diamonds. Capt. Smith said
he obtained the Cancelled check from
the firm for use as evidence.
The.chief prosecutor then read the
Endorsements on the back of check
as Col. J. w. Gable and James E.
Durant"
Another employe OF the firm pre-
viously had pointed out Col. Durant
as the man who sold the stones
under the name of Col. Gable
The prosecution contends the
Gable" Endorsement is in Col
Col. Durant's handwriting.
Il asked James Durant about the
Endorsement on this check" Capt
Smith testified.
LAS a result did he make certain
statements and take certain action?'
= he was asked.
He did" the witness replied.
The defense counsel protested this
line of questioning as "immaterial'
because ii would lead to statements
and actions of a person not Co
eonspirator" as to what happened
outside the presence of the accused
The court recessed to consider
the request and to await a ruling
from the Provost Marshal Genera
on whether the defense will be giver
a copy of a "conidentiaf' report or
the jewel theft investigation men
toned yesterday by another wit
ness, Col. Ralph Pierce of the Grim
nal Investigation Division.
Maj, Robinson informed the cour