Evening star., 1951-06-02
Agent for Hitz
Says Caldwell.
Also Hired Him
Testimony Confuses
New Trial Hearing
In Jury Fix Case
By w. 6. Pollard

Monday on a motion for new
trial for Bennie C.. Caldwell, 81.
convicted last month on jury
tampering charges in connection
with a gambling trial of William
(Snags) Lewis.
A hearing, begun on the motion
yesterday before District Court
Judge Richmond B. Keech, erupted
with the sensational testimony of
a private detective.
The testimony was given by
John E. Bradley, ST., who told the
court that, while he was a paid
undercover agent for the Justice
Department in the Caldwell case,
he also accepted employment as
an investigator for Caldwell. The
many, and at times confusing.
twists the testimony took caused
Judge Keech to hear the motion
until 7:30 pm.
Mr.. Bradley was sent for and
placed on the stand as witness,
after Caldwell's attorney, Henry
Lincoln Johnson, jr., had presented
to the court an affidavit signed by
Mr.. Bradley. Attorney johnson
offered the affidavit to the court.
after charging Assistant United
States Attonery HitZ with attempt
ing to obstruct justice in Cald-
wells jury tampering trial.
Quizzed by Hitz.
Mr.. Bradley was questioned at
length by Mr.. Hitz regarding both
the affidavit and report made to
the prosecutor regarding alleged
behind scene action in con-
nection with the Caldwell case.
Mr.. Hitz prosecuted Caldwell.
who is colored and the owner OF
the now closed Club Bali.
Mr.. Bradley's affidavit said
Caldwell was "purposefully kept
ignorant of my afflliation with the
Government and my true interest
in him.
MY main purpose" testified
Mr.. Bradley, was to find who
was behind Caldwell"
The affidavit further declared
that Mr.. Bradley had been in
structed to contact Caldwell and
ito attempt to ascertain defense
witnesses from him and his at
torney" in the preparation of the
defense. The affidavit also de-
clared that Mr.. Bradley and Mr..
Hitz had agreed to offer Attorney
johnson fictitious witness"
Believes Caldwell Innocent.
Mr.. Bradley said he was con-
vinced at first, of Caldwell's guilt.
but that now he had become con-
vinced that Caldwell was innocent
of the jury tempering charges.
Mr.. Bradley asserted that At
torney johnson had told him to
serve a subpoena on Mrs. Par
thenia Fraction, wife of Robert
C. Fraction. He said, however,
that Mr.. Hitz told him not to
serve the subpoena if he thought
the woman'S testimony would be
adverse to the Government. at
least until the prosecutor had
chance to talk to her. -
I Mr.. Fraction was a member Of
the Lewis jury panel, but not a
member of the trial jury. One
charge on which Caldwell was
convicted was that of offering Mr..
Fraction $1,000 to obtain infor-
nation from the Lewis trial jury.
Confusion arose yesterday when
Mr.. Hitz began questioning Mr..
Bradley about a report the de-
tective had made to him. Mr..
Bradley testified that Mr.. HitZ
had told him he understood there
was a sum of $500 available to
keep Caldwell in line"
BY this. Mr.. Bradley indicated
lit was to prevent Caldwell from
pleading guilty and duplicating a
o-defendant, Daniel M. Gary, 54.
colored, of New York and WASH
lngton. Gary was granted sep
arate trial because of illness.
Tried to Implicate Attorneys.
J, Mr.. Bradley declared: "We tried
. to implicate Attorney Curtis
Mitchell and Mr.. johnson in con-
i. nection with the $780," He also
testified Mr.. Hitz had wondered
whether the money had come from
any defense attorney in the Lewis
gambling case and said that Mr..
lHitz mentioned Attorneys Charles
E. Ford and Myron Ehrlich.
Mr.. Hitz later denied to re-
porters that he had mentioned
!, them or any attorneys in the
gambling case IN connection with
the money and said he will testify
under oath that he did not even
suggest they might have han
l.. died the money.
| Mr.. Bradley declared he also
discussed with Gary the posi-
, bility of obtaining the prosecu-
| tors files in the Caldwell case
| for brief time so they could be
, copied by the defense. A report
made by Mr. Bradley mentioned
a sum Of $2.500, a part of which
!, allegedly was available for this
: service.
, Confused on Offer.
: 1t was not clear, however, as to
|, who was supposed to have made
/, the offer. At one point, Mr.. Brad
: ley testified:
IT can't honestly say whether
it was Mr.. johnson, Mr.. Gary or
Mr.. Caldwell, who requested the
file"
In answer to a question by At
torney Johnson, Mr.. Bradley teS-
titled the attorney had never
a offered any money to obtain the