Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-10-27
Ruling
Due on Motherwe||
Defense Drops
Plans to Ask
For Release
BY RICHARD O'LONE
Star Staf Writer

Star staf Writer
A Sierra County (Calif)
grand jury is expected to de-
eide today whether to indict
Larry Lord Motherwell in the
death of Mrs. Pearl Putney Of
Washington.
Prosecutor Gordon I. Smith
said he expects the jury, meet
ing in Downieville, Calf, to
deliver a decision by 8 pm.
(EST.
Meanwhile, Motherwell's at
torney, John T. Reyes of WASH
ington, said he has dropped
plans to file a writ of habeas
corpus asking Motherwell's re-
lease on the basis he was held
too long before being granted
a preliminary hearing.
Mr.. Reyes said he has dis
covered that the prosecution
could successfully stall the re-
turn of a writ until the grand
jury has delivered its decision.
Last Four Witnesses
The jury, which heard 16
witnesses yesterday, was to
hear the remaining four tell
what they know of the death
of 72-year-old Mrs. Putney,
whose remains were found near
Downieville last August 16.
If Motherwell is indicted,
Mr.. Smith said. he will be
taken Immediately before SUI
perior Court Judge Winslow
Christian in Downieville for
arraignment.
If there is no indictment, he
said, he still plans to hold
Motherwell until Monday,
when the preliminary hearing
is set to resume. Mr.. Smith
said it was possible he would
ask the grand jury what evil
dence it lacked, attempt to- Sc
cure it and then resubmit the
case to the jury before Mon
day.
Mr.. Reyes, however, said he
plans to leave with Mother
well as soon as possible if there
is no indictment.
Motherwell was arrested in
Atlanta, Ga, on August 25, and
returned to California on Sep
TENDER a. Mr.. Reyes said he
agreed to a continuance of the
case until yesterday with the
understanding a full-scale pre-
} liminary hearing would be held
then.
Mr.. Smith, who later decided
to send the case to the grand
jury. contends no such agree
ment was made.
In a surprisingly informal
appearance before Justice Court
Judge Alden johnson in the liv-
ing room of his Sierraville home
yesterday, the defense lost an
attempt to have the charge
dismissed and a plea to hold
the preliminary hearing then
and there, the Associated Press
reported.
Judge JohnsonA seated in a
wheelchair, ordered the hear
ing continued until Monday.
Motherwell and Sheriff w. D.
johnson sat on the judges
|, couch.
ImpaSsiOned Plea
, The tall, suave defense at
torney made an imprisoned
, Commute plea to Judge john
son.
Back East, under the rules
5 of ethics, if a District Attor-
ney said we were going to have
, preliminary hearing we would
! have one," he said.
Are you going to play into
the hands of the District At
torney who perpetrated a fraud
on me?" Mr.. Reyes asked. Are
you going to be a puppet in
his hands?"
After his appeals were de-
MED, the party drove the 35
miles back to Downieville to
begin the grand jury proceed
ings. The first witness was Mrs.
Alma Freeman of Rio Oso,
Calf, who discovered Mrs.
Putney's skull while hunting
pine cones.
, DR.. v. v. Belle of 4441 Klingle
road NV, Mrs. Putney's den
fist for 30 years, was next. He
helped identify the remains
J through dental work.
Motel Owner Testifies
Mrs. Mona Maryanski. owner
of the Town House motel III
Marysville, Calf, also testified.
1t was there that Mrs. Putney
was last seen on August Is,
1858. She and Motherwell had
spent the night of August IA
, there, registered as DR.. and
Mrs. Motherwell.
Thomas H. Heath, official of
the Palmer First National Bank
at Sarasota, Fla, told the jury
Mrs. Putney withdrew $13, 900
from his bank in July, 1858.
Mrs. Putney had left Wash
ington with Motherwell the
month before. She was believed
to have been carrying, in all,
some $4,000 in cash and secu-
rites, none of which has ever
been found.