Hayward’s Ex-Aid Denies Means Got Immunity Pledge. . . McCoy Testifies for Defense in Condition of Witnesses for U.S. Conspiracy Case
New York World, Jan. 23rd—The defense of Gason B. Means and Thomas R. Felde, on trial in Federal District Court for conspiracy to bribe Government officials, continued yesterday aiming the line of flat contradiction of virtually all incriminating evidence previous offered by the prosecution.
So diametrically was the testimony for the defense opposed to that for the Government that Hiram C Todd, Special Assistant Attorney General, devoted his cross-examinations almost entirely to assaults on its credibility.
The sitting opened with Means under cross-examination by Mr. Todd, which, although lasting more than two hours, failed to shake the defendant’s insistence that he knew noting of the alleged plot, received none of the $65,000 the Government claims was raised as a “slush fund” and had no dealings with Felder during the period of the alleged conspiracy.
Peter J. McCoy, formerly an Assistant United States Attorney, called by the defense, testified he was in charge of the prosecution of the Crager System-Glass Casket Corporation, mail-fraud defendants, said to have contributed to the $65,000 fund.
Called Fee by Defense
According to Mr. Todd, this money was obtained by Means, Felder and Elmer W. Jarnecke—formerly Means’ Secretary and now the government’s principal witness after pleading guilty to the present conspiracy charge—under pretense it would prevent indictment of the contributors.
The defense contends it was the regular fee paid to Felder and his law firm for purely legal services.
Mr. McCoy and former Attorney General Daughterty, United States Attorney Hayward and the latter’s assistant, John Holley Clark Jr., are the officials the indictment charges were to have been “fixed” according to the promises of the alleged conspirators.
He denied any promises of immunity or light sentences had been given by his office to any of the glass casket defendants, despite previous testimony to the effect by government witnesses. He was not permitted to answer whether he had ever been approached with a bribe by Felder or Means.
Harold Spielberg, the next witness, was a partner in the Felder firm in 1922, when the conspiracy is alleged to have been formed.
Denies “Fixing” Talk
His testimony, like Means’ differed directly at many important points with that of witnesses for the prosecution. He said he was in Felder’s office when the money was paid, denied Means was there or that the money was given to him, as sworn to earlier in the trial, and denied there was any talk of “fixing” or “influence” such as also was testified previously.
Spielberg testified $24,000 of the $48,000 in cash paid on that occasion was given immediately to Joseph O. Kostner, Chicago lawyer and alderman, who was representing the Glass Casket defendants in that city. The balance, he wore, was placed to the Felder firm’s account in the Harriman National Bank, from which a few days later each of the four members of the firm drew $5,000.
Mr. Todd’s attack on Spielberg consisted of much reading from his testimony before the Grand Jury last spring, which the prosecutor endeavored to show, does not jibe with his statement yesterday.
Judge Lindley ruled out a great deal of this line of questioning, but where it was allowed the witness had recourse to the frequent “I don’t remember.”
From page 2 of the Concord Daily Tribune, Jan. 24, 1925
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