The Key West citizen. [volume], December 03, 1953, Page Page 8, Image 8

About The Key West citizen. [volume] (Key West, Fla.) 1879-current

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Jury Returns "Not Guilty" Verdict For Jacksonville Pair Wednesday
Attempted Breaking
And Entering Charge
Wa Baaed On Nor. 9
Gulfstream Cate
By OBNIS SNIIGR
It took a six-man Criminal Court
Jury only If minutes last night to
find two men not guilty of attempt
od breaking and entering and pot
tension of burglary tools.
The jury brought its verdict in
to Judge Thomas S. Caro at 10
p. m., 12 hours after the trial be
gan.
Gabriel Hernandez. 34, of Jack
sonville. and Paul Mortellaro, 28,
of Tampa, bad been charged with
attempting to break into the Gulf
stream Food Department Store,
1109 White St., early on the morn
ing of Nov. 8.
The defense, conducted by
Judpe J. Bowers Campbell end
his sen, James B. Campbell, Jr.,
if Jacksonville, end Tern Wat
kins. of Key Weet, put ne wit
nesses an the stand. Neither ef
the defendants teak the stand.
Allan B. Cleare, Jr., county soli
THB KIY WIST CITIZIN
Thursday, December 3, 1853
Justice Dept.
Denies Laxity
In Denver Case
WASHINGTON (ft- The Justice
Department, denying laxity or re
fusal to aid in a Denver grand
jury tampering case, says 18 FBI
agents aided in the investigation.
U S. District Judge Willis W. Rit
ter had said last week that the
department had refused to assist
in sn inquiry into jury tampering
by Denver gamblers. The judge,
then sitting in Denver, could not
be reached last night at his home
in Salt Lake City.
The Justice Department state
ment late yesterday did not men
tion the judge but referred to a
“political discussion’* of the case—
an obvious reference to a discus
sion of it by Clayton Fritchey,
deputy chairman of the Democrat
ic National Committee.
Fritchey, in a television appear
ance Sunday, declared that Atty.
Gen. Brownell reopened the con
troversial Harry Dtxter White
case, in part, to divert attention
from “a serious situation within
the Justice Department.” He men
tioned Judge Ritter's remarks.
Aast. Atty. Gen. V/arren Olney
111 took note of comments that the
Denver case “had been in some
way mishandled,'* and he de
clared: “There is no substance to
this assertion.”
Olney said be issued the state
ment, as head of the Justice De
partment** Criminal Division, be
cause he had direct supervision on
charges of bribery and obstruction
of justice.
Charlea Vigil, a Democrat who
prosecuted the case and who was
ousted by Brownell t< U.S. attor
ney at Denver about the time it
was completed, said “no one id
disputing” that the FBI played a
part in the case.
He had said earlier that some
of his requests for FBI aid were
rejected by the Justice Depart
ment. Last night, Vigil told a re
porter in Denver: “I don’t know
how many agents were on the
case. Just where FBI help started
and stopped, 1 can’t say now.”
Olney said one phase of the case
began with a tip last Sept. 17 that
an attempt had been made to bribe
a prospective juror and ended
Sept. 24 with the arrest of all
those involved.
“This record clearly shows,” Ol
ney went on, “that this phase of
the jury tampering charge origi
nated with the Federal Bureau of
Invesgigation, was fully invessti
gated by the Bureau of Investiga
tion, indictments were returned on
the basis of the investigation and
testimony of the Federal Bureau
•f Invesgitation, and all defend
ant! have been convicted of all
charges so far brought to trial.”
Ungrateful Skunk
SHAWNEE, Okta tf*—Two kind
policemen picked up a skunk, run
over by a car, and took him to
•dice headquarters at City Hall,
believing him to be a pet—the de
odorised variety.
But there the ungrateful skunk
•ut loose with * Matt that sent
officers Ernie Coleman and Henry I
Shelton running for lover. Now no-1
body around City Hall will speak
to them.
May Clear Witches
BOSTON ur> The 1954 Massa
Autetts Legislature has been
asked to clear those famed Salem |
witches after, 10, these 2 l k cen
turies.
Two Essex County men filed a
bill yesterday to reverse the 1692
wlthcraft conviction of Ann Pudea
tor and others.
Ann was hanged on Gallows Hill.
Twenty-one other persons also
were executed or died in jail be
fore tV witch hunt ended.
citin’, handled the case for the
state.
When the prosecution rested, the
defense moved for a directed not
guilty verdict Judge Caro denied
the motion.
In the dosing arguments, Camp
bell. Jr., first addressed the jury.
Then Cleare spoke. He was follow
ed by Campbell, Sr.
The jury was composed of Will
E. P. Roberts, foreman. Maynard
iV. Lowe, Joseph L. "Menendez, Em
ilio C. Norcisa, Joseph P. Ladd,
and Ralph Diaz.
| Earlier yesterday, the ccourt
heard Louis Muniz, co-owner of the
Gulfstream Food Department
Store, describe how he was called
to the store in the early morning
hours by city police.
He testified that there was e
: ene end e half inch diameter
hole drilled in the backdeor end
a partially drilled Vie in the
I®
1
Page 8
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" 69 ‘ STEAKS AQC 4
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catsup BEEF LIVER „ 29c
2 M Ox. Bottles Lem ‘ Meaty
*¥.„." SPARE RIBS ,b 39c
p Swift’s Premium
c - FRANKS u,cita% 47c
SOUP
2 a Bordo Grapefruit Magnolia
2- JUICE -35c MILK 1-4*
Large Juice w
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ORANUIa Crate A-Medium SPAGHETTI
R DOZEN 29 I EGGS ott - 55c J 2 Cm 27c
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I milk Victory M&M
4 3'-39( MARKET MARKET
front door. On cross examina
| tion, ho said nothing had boon
missing from tho building al
though there was 550,000 in stock
I and cash in tho store.
His son. James Muniz, the other
co-owner, testified that an attempt
had been made to jimmy the front
door with a crowbar,
j Campbell, Sr., objected to the
use of the word crowbar since the
witness had not seen what instru
ment was used and that saying it
-was a crowbar was an assump
tion on Muniz's part.
Judge Caro sustained the objec
tion.
Muniz then confined his testi
mony to the condition of tho
i door. He also said that he had
seen three holes that had bean
drilled in the roof and that the
; tarpaper and insulation had boon
ripped up. He said an attempt
' had been made to rip up roof
; board.
Muniz estimated that there was
i
345.000 in goods and stock in the
store.
On cross examination. Campbell
asked Muniz bow be got on the
roof to look at the holes. Muniz
said he used a ladder.
“Can you get on the building
without a ladder?” Campbell ask
ed.
“Yes,” Muniz replied, “wben the
trailer is parked there.” (Thu is
a big trailei used by the store to
haul supplies from Miami).
‘•Was the trailer there?” Camp
bell asked.
“Yes,” Muniz replied.
“Why didn’t you get on the trail
er to get on the roof?”
Cleare objected, saying the ques
tion was immaterial.
Judge Caro overruled him.
“The trailer was gone on the
morning of Nov. 10.*’ Muniz said.
That was the day the holes in the
roof were discovered because of a
rain.
Police Lieut. Joseph Certzo took
the stand and told how he saw the
defendants on the Elizabeth St.
parking lot about 12:30 a. m. as
he was driving north on White St.
! He said he turned into Virginia,
snapped of! the tights of his car,
and cut into the parking lot on the
Virginia St side of the building.
The lioutanant's car was being
foUewed by another police car
driven by Patrolman Armando
Perex. A radio message from tho
lieutenant's car told Paras about
tho men sighted in tho parking
lot and fha two cars dasad in an
tham as fha man raachad White
*. 1
Perez testified to essentially
same as the lieutenant He added
that he had taken a wrecking bar
and a flashlight from Mortellaro.
On cross examination Perez said
Mortellaro did not try to hide the
bar he held in his hand. Asked
j about the bar that waa in court.
Perez said he didn't know whe
ther it was the same one or not
but that it looked like it
Wetsen Reper, Jr., criminal
invostigator for tho sheriff's de
partment, testified under ques
tioning by Cleare that ho had
boon an PBI man for 14V* years
and a private eye in Miami for
aim months before joining tho
Monroe County sheriff's depart
ment.
He identified the defendants, told
of the holes in the roof, and how
he bad photographed them. Hr
said he had taken samples of the
roofing and sent them as well as
the bar to Miami for analysis,
i Charles Zmuda and Joseph Nicol.
technicians in the Dade County
-Criminal Bureau of Investigation,
testified that they had examined
the samples of materials from the
roof and the wrecking bar.
However, the roof samples were
not admitted in evidence. The bar
and flashlight were admitted.
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