Evening star., 1947-02-27
Wife Too III 10 Testify
In Jewel Theft Trial,
James Durant Says
By w. n. Shippeu. JI

By W. H. shippen. Jr.
Reported illness Of Mrs. James E
Durant of Falls Church, Va, pre-
vented her testimony today as q
prosecution witness at the court
martial OF her brother er-in-law, Col.
Jack w. Durant, for alleged con-
spiracy in the looting Of the Hesse
jewels from Kronberg Castle In
Germany.
James Durant, brother Of the ac-
2used and q Falls Church council
man, notified prosecution attorneys
by telephone this morning that his
wife was toe III TO continue her
story.
Prosecution counsel said that
physicians certificate would be re-
quired If Mrs. Durant's illness pre-
vents her from appearing in the
next few days.
Begging to be excused because she
didn't feel WELL" Mrs. Durant
stepped from the stand yesterday
and hurried from the room while
the president of the eight-fnan
court-martial board was asking her
when she would be able to return.
DR.. Mark on Stand.
Mrs. Durant's husband was over
ruled by a Federal Judge in his
efforts to avoid testifying for the
prosecution at his brothers trial.
It was believed, however, he would
not be called until his wife has COM
pleted her story.
Most of today's testimony was
given by DR.. Reuben Mark, Chicago
physician and friend of Col. Durant,
who told how he helped the defend
ant arrange a sale in Chicago of a
large quantity of diamonds.
The Chicago physician, whose
sudden illness while on the stand
Monday prevented him from finish
ing his story, said check was made
out in his name at Col. Durant's
suggestion when they sold the gems
to the Horwitz jewelry firm in Chi
cago.
Agreed to Help.
Dr.. Mark explained he agreed to
help Col. Durant dispose of "15 or
20" diamonds and made an engage
ment with the jeweler.
"On the way over" the physician
continued, "Col. Durant explained
he was In the Army and was not
allowed to transact private busi-
ness, so he suggested he be intro
duced as Jack" >"
Or. Mark said he complied with
this request. When Col. Durant
produced the diamonds, he con-
tinued, there were a much greater
number" than the "15 or 20" shown
him previously with the explana-
ton he had bought them cheap
in Europe"
Col. Durant was quoted as say
ing, "The deal must be for cash" I"
while the jeweley said he could only
pay by check. The jeweler added
further the transaction must be
reported to police, whereupon Col.
Durant replied Ito 60 ahead and
report it."
DR.. Mark testified that he final
r. AGREED" that the check be made
out in his name. That night, how
ever, he began to null the mat,
ter over" and after worrying for
some Is hours tried to get in touch
with the jeweler. who reached him
first over the telephone.
Check Returned.
xaervy+ 1a rofI f,n o~L %1,o
colonel returned the check. The
diamonds, according to previous
testimony, later were seized by Gus
toms agents In Chicago. DR.. Mark
said Col. Durant wanted to take
care of me" and gave me four dia-
which he later turned over
to customs.
After receiving a call from GUS
toms officials, DR.. Mark said, he
telephoned Col. Durant In Wash
ington and left a message that he
come to Chicago and straighten
out the matter with customs. As
result Col. Durant went to Chicago
to see the Federal officials.
DR.. Mark was asked If he saw
Col. Durant in Chicago with his
wife, former WAC Capt. Kathleen
Nash, who is under a five-year SEN
tence in the case. He replied Eyes,"
and was asked If he noticed what
she was wearing.
There was general laughter in
which members Of the eight-man
cotrt-martial board Joined when a
defense attorney leaped to his feet
and exclaimed, IT object to the
prosecution assuming that she wore
anything!"
DR.. Mark was allowed to testify
Mrs. Durant wore a huge diamond
solitaire shown to him in court,
along with q bracelet and other
jewelry. He said Col. Durant had
mentioned the jewelry was received
through his wife's previous mar
riage, or that was the impression