Evening star. [volume], April 21, 1935, Page A-5, Image 5

About Evening star. [volume] (Washington, D.C.) 1854-1972

Image provided by: Library of Congress, Washington, DC

                
LYDDANE CASE IIP
TO GRAND JURORS
Wife and Former Gambler
Accused of Plotting to
Murder Husband.
(Continued From First Page.)
for you today," adding it was to kid
napers who had threatened him.
Mrs. Lyddane, questioned about her
Income, said she received $100 a month
at the bank and an income from a
bonding company and as a notary
public. She was grilled by Pugh as to
her authority in drawing funds from
a guardian's account and declared the
money she spent was her own. All
her withdrawals from the bank were
perfectly legitimate, she said.
She summarized her personal in
come and outlay and declared she had
brought every check she had paid out
for the last 15 months to substantiate
her testimony.
Detective James McAuliffe of Mont
gomery County had testified Mrs. Lyd
dane had more than $700 on her per
son in cash when he arrested her.
Mrs. Lyddane explained that she
had drawn the money from her vari
ous accounts to buy some "baby bonds"
and to purchase an automobile for her
husband.
Sought "to Spare" Husband.
Pugh asked Mrs. Lyddane why she
paid $200 to "extortionists or black
mailers” when she knew her domestic
affairs had been made a court record
through Mrs. Beall's divorce suit
against her husband.
Mrs. Lyddane replied she did this
to avoid objectionable publicity.
Under cross examination by Pugh,
Mrs. Lyddane said:
“We, Beall and I, had been seeing
each other after the divorce suit and
I told my husband the kidnaping story
to spare his feelings."
Pugh asked if she had frequented
Lincoln Way Inn, where Camell was
employed as a bartender.
"I went there about four times a
week, usually with my husband,'1 Mrs.
Lyddane replied.
Pugh asked if she had conversations
With Camell while at the inn.
“Yes,’’ Mrs. Lyddane said, “he ap
proached me many times and I gave
him various sums, the largest about
$6.”
Denies Promise of Bank Key.
Asked about charges that she had
promised the key to the Farmers'
Bank & Trust Co., where she worked,
as a further pay-off to her alleged
confederates, Mrs. Lyddane said:
"I have had a key to the bank for
the last 10 years, but I promised It
to no one.”
“Then why," asked Pugh, "did you
Bo straight to Lincoln Way Inn when
the lock on the bank door was
changed a few days before your ar
rest?”
Mrs. Lyddane explained she had
lost a brooch and went to the inn to
ask Carnell If he had seen it.
Questioned about her husband’s life
Insurance, Mrs. Lyddane explained he
usually carried $25,000, but that re
cently he had been forced to reduce
the amount to $15,000. She said that
both of them had paid the premiums
from time to time.
Further questioning brought out
that she had loaned money to Frank
Abbo, Italian-born proprietor of the
Lincoln Way Inn, where she had gone
to confer with Carnell. Mrs. Lyddane
•aid she had loaned Abbo money over
a period of about six years.
Lyddane Takes Stand.
Lyddane, who sat through the all
day hearing beside his wife, followed
her to the stand. He testified his wife
had told him she paid out the $200
ot protect him from kidnapers.
During cross-examination, Pugh
asked:
"Did you not say in my office, after
being informed of your wife’s arrest,
that you had not lived as husband
and wife for the last year?”
Defense Counsel Stedman Prescott,
a State Senator and former State’s
attorney of Montgomery County, ob
jected to the question, but was over
ruled.
"I told you of my own free will,”
Lyddane answered, "that I did not
love my wife that way. I knew she
was going about with another fellow.”
Lyddane corroborated his wife's ex
planation of how she happened to
have more than $700 on her person
when arrested. He said he understood
ahe planned to buy him a new auto
mobile.
Dealers Corroborated Story.
Harry Ghormley, Rockville automo
bile dealer, said Mrs. Lyddane had ap
proached him on the subject of buy
ing a car with the suggestion that he
sell her husband a new machine.
Another defense witness, O. H.
Howard, automobile dealer, said Mrs.
Lyddane had promised to purchase a
car from him for her husband, but
that she was afraid he would lose
his job as an employe of the Mont
gomery County liquor dispensary.
"That,” said Howard, "was the only
thing holding up the deal.”
Mrs. Lyddane had testified she
would have bought the automobile
but for the uncertainty of her hus
band’s job. She explained she went
to Annapolis to use her influence with
members of the State Legislature to
ward keeping his job. Shirley Hays,
a member of the House of Delegates,
and Clay Carlin, a clerk of one of
the Legislature committees, corrobo
rated this testimony.
Three Accuse Mrs. Lyddane.
Byrne Austin, a clerk in the office of
the Montgomery County supervisor of
elections, testified nothing in Mrs.
Lyddane's demeanor prior to her ar
rest indicated she was under a mental
strain.
Three members of the Washington
Underworld accused Mrs. Lyddane of
hiring, or attempting to hire, them to
do away with her husband—Carnell,
who admitted he bootlegged liquor in
Washington for five years at about 30
places; William Pollard, alias William
Brown, 27, of Alexandria and Wash
ington, a former liquor hijacker, who
said he had also been convicted of lar
ceny, and Harry Elmer Thomas, who
testified he had served time for house
breaking and other offenses.
An alleged confession by Boland was
read to the court in which he said he
received $150 from Carnell, “who ex
plained he was the contact man for
Mrs. Lyddane, a Rockville woman
anxious to have her husband mur
dered.” Boland, In the confession, de
nied he intended to go through with
the job, as did Carnell and Pollard
from the witness stand.
Sergt. Floyd Truscott of the Wash
ington homicide squad, who arrested
Boland in Washington, said the
prisoner furtively tore up a paper
match packet he had in his pocket.
Truscott said he pieced the bits to
gether and found the name Lyddane
written on the cardboard.
Defense Gives Argument.
In summing up the defense argu
ments, Attorneys Kenneth Lyddane, a*
cousin of the accused woman; Robert
Peter, Jr., and Prescott declared the
charge of conspiracy had not been
proved In view of the fact that none
of Mrs. lyddane's three accusers had
4
'intended to go through with their end
of the alleged agreement.
"Even if your honor believes these
flimsy and ridiculous charges against
this defendant,” Prescott said, “you
would have to conclude that Mrs.
Lyddane should not be held, because
no harm was done, no conspiracy was
carried out and the parties on at least
one side freely confess they had no
intention of carrying it out.”
Half an hour before the trial opened,
at 10 o’clock, the court room wrs
packed to the aisles and attendants
held back crowds. The majority of
spectators were women, many of whom
ate their lunches in court in order to
hold their places during the noon re
cess. The final arguments were
started about 4:30 p.m. and concluded
an hour and a half later.
Central Figures in Lyddane “Plot” Hearing 1
__ ___ __ •
ANNE LYDDANE
LITTLE MOVED
Defendant Perfectly Com
posed Until Lawyer Be
gins Defense Plea.
BY GRACE HENDRICK EUSTIS.
ROCKVILLE. Md„ April 20.—The
only time Mrs. Anne Lyddane broke
down and showed visible signs of
emotion during the entire day of her
preliminary trial today was when
Stedman Prescott, her chief counsel,
pleaded the case before Police Judge
Donald A. Delashmutt, when his
voice increased, as his plea became
more impassioned and rang through
the room as he asked not for mercy
but for common justice, her eyes
filled.
She did not sob audibly but she
kept fishing in her black bag for
handkerchiefs. She wiped her eyes
and nose which had reddened under
the powder. Her mouth quivered and
her pretty face showed lines and
shadows that were not visible earlier
in the day. This emotion was only
noticeable while Prescott was speaking.
When Prosecuting Attorney Pugh
leaped up and dissected her testimony,
she regained her composure and again
sat very still, her knees crossed end
her white gloved hands folded in her
lap.
Prescott based his plea on the
ground that a conspiracy is no con
spiracy unless both parties "combine
and agree together.” Speaking in a
strong voice, using both his hands in
tense gesticulations, he spoke on the
definition of conspiracy. In order to
have plenty of room for the bulky
law book he quoted, he delivered his
speech from the table reserved for the
press. There were times in his stren
uous plea when a note of politics
seemed to enter. Again and again he
referred to the fine citizenry of Mont
gomery County. He reiterated that
he was not begging, for mercy for his
client. All he was asking, was the
treatment given ordinary citizens. As
usual, during his plea. Judge Delash
mutt sat quiet, attentive, swinging
his chair a little trom side to side.
Pugh Leas Oratorical.
When State's Attorney Pugh rose
to speak for the prosecution, he was
briefer, less oratorical, if possible,
more tense. While Prescott stood firm
ly on his two feet, using them as a
brace for his wide gestures. Pugh,
kept rising up and down on his toes,
clenching his fists. He denied equiv
ocally the defense's contention that
a conspiracy was not a conspiracy
unless both parties agreed and re
ferred to Mrs. Lyddane's somewhat
confused testimony in regard to her
monetary affairs.
When the time came for the judge
to make his decision he was brief
and succinct. Speaking clearly, with
out hesitation, he said he could not
agree with the defense that it was
up to him to decide this case. “I
am firmly convinced that they (re
ferring to Mrs. Lyddane and John
Boland) should be held for action by
the grand jury and I so hold them,”
he concluded.
By this time there were few people
left in the court room. The crowd
had started to drift out when Prescott
began his plea. Mrs. Lyddane and
her husband took the judge's decision
calmly. They were joined by a few
friends. Including Mrs. Lyddane's
father. They chatted together with
their lawyers and then quietly went
out of the court room, where they
were met by a crowd of photographers.
Great care was taken by the local
constabulary that no one should come
into the room armed either with a
gun or a camera. In the morning
two policemen searched every person
who entered. One stood at the door
way and “frisked” each person,
whether press or spectator. Mrs.
Beall, wife of Arthur Beall of Darnes
town. who one time named Mrs. Lyd
dane as corespondent in a divorce
suit, was not there herself, but two
of her attorneys were, Edward Peter
and Miss Vivian V. Simpson. Neither
left the trial for a minute. Their
attention was riveted on the witnesses.
They sat together and talked fre
quently.
Husband Is Called.
When Francis Lyddane was called
to the witness stand, he strode up
looking remarkably neat in his gray
flannel suit, light gray tie and black
silk socks. His face was tanned and
unlined. His manner was brief and
competent. Only once did he break
down frcm his Imperturbability. That
was when he admitted that he knew
his wife had another interest in her
life and that they had not lived to
gether as man and wife for some
time. After this outburst, he re
sumed his bland manner.
A number of the witnesses brought
up by the State had criminal records.
One of them, Irving Borrell. was al
leged to have come down to Rockville
In a car with one Harry Thomas, who
testified previously. Borrell Identified
Mrs. Lyddane as the woman whom
Thomas had come down to see.
Prescott asked him how many
I
times he had been convicted and
suggested that the frequency was such
that he could not count. That gibe
1 aroused Borrell and grudgingly he
i confessed to four charges, one for
larceny in Washington, one for steal
ing an automobile in Reading, Pa ; ;
' another for stealing a car in Wash
ington, and one for carrying concealed
weapons in New York.
On Monday, at 1 o'clock, another
preliminary trial will take place.
Again Mrs. Lyddane will be accused
of a plot to murder. This time State's
Attorney Pugh will try to convince the
court that she and John H. (Googyi
Carnell and Edwin J. Davis had
conspired to murder Mrs. Josephine
Beall of Darnestown, Md.
ROTOGRAVURE PRINTED
ON GEORGIA PINE PAPER
By the Associated Press.
ATLANTA, Ga„ April 20—Papei
made from Georgia pine trees was
used successfully for rotogravure
printing here today.
Dr. Charles H. Herty, the Savannah
i chemist who developed the process by
which newsprint and white paper are
made from Southern pines, brought
a roll of paper from his laboratory for
the test.
Several prints of the Atlanta Jour
nal Sunday rotogravure section were
made on the paper and the results
pronounced satisfactory.
1
No. 1—Mr. and Mrs. Francis S.
Lyddane leaving the court house
at Rockville yesterday after Mrs.
Lyddane had been ordered held-for
the grand Jury on a charge of plot
ting her husband’s death.
No. 2—State Senator Stedman
Prescott, chief of defense counsel.
No. 3—Detective Sergt. Floyd
Truscott of the Washington police
and Montgomery County Detective
Joseph Nolte, who testified for the
State.
No. 4—Samuel Litkin, taxi driver.
No. 5—Detective J. S. McAulifTe
of the county police, who also testi
fied.
No. 6—Paul Pissaro, another wit
ness. —Star Staff Photos.
CHARGES KIDNAPING j
TO U. S. OFFICERS
_
North Carolinian Asks Habeas
Writ to Escape Penalty in
Federal Prison.
By the Associated Press.
ATLANTA, April 20—Charging he
was “kidnaped” and "shanghied”
from Cuba to Florida by United
States Government agents, Lee Scott
Dillingham of Asheville, N. C.. today i
sought to gain his release from Fed
eral prison here, where he is serving a
two-year term on conviction of vio
lating the tariff act.
Bringing habeas corpus proceedings
in Federal Court to secure his release,
he charged three men representing
themselves as Government agents
seized him in Havana on August 8.
1934, placed him aboard a boat and
took him to Key West. Later he was
removed to Miami, the petition stated,
where he was sentenced by Judge
H. L. Ritter on a charge of conspiracy
to import beer in violation of the
tariff act.
His petition alleged he was tried be
fore Judge Ritter on two occasion*
without benefit of a jury trial. The
first case was on an indictment al
leging conspiracy to defraud the Gov
ernment in executing bail bonds. He
said he had been given a probation
sentence on the charge and later was
indicted on a charge of violating tne
tariff act.
*_•
Criminal Law Group-Elects.
CHICAGO, April 20 (iP).—An
nouncement was made today of the
election of Col. Henry Barrett Cham
berlain, operating director of the
Chicago Crime Commission, as presi
dent of the American Institute of
Criminal Law and Criminology. He
succeeds the late Andrew Bruce, pro
fessor of law at Northwestern Univer
sity and formerly chief justice of the
North Dakota Supreme Court.
SULKSATJUBILEE
Voices Bitter Blast Against
Mayor—Crowds Cheer
New Era for City.
Br the Associated Press.
ZION. HI., April 20.—Banda played
and orators declaimed and people
gathered in the streets of this city
of Zion today, for the Prophet Vollva
had reigned 8 and 20 years over his
realm and his reign was ended.
And the multitude that assembled
heard not the voice of the prophet,
for Wilbur Glenn Vollva, he of the
booming voice, preceptor of the flat
world and proclalmer of doom to his
enemies, was silent.
Prophet Sulks Alone.
While political conquerors of Vollva
hailed In a gigantic street celebration
the coming of a new day of unity
and co-operation in Zion, the veteran
overseer of its religious, moral, politi
cal and industrial life betook himself
Into seclusion after a bitter blast
against the “traitors” he predicted
could never hold Zion 90 days.
It was a day of celebration for the
final defeat of the Vollva faction at
the polls and the coming power of
Mayor William M. Edwards. The
Business Men's Club sponsored the of
ficial rejoicing.
A band played a stirring half hour's
prelude to the speech making—so
much galling brass and cymbals to
the erstwhile dictator of Zion's des
tinies. presumably locked away against
the Inimical world in his Shiloh house.
Worked on White House.
Mayor Edwards, a plastering con
tractor. who did a job on the White
House at Washington, while President
Coolldge was angling in the Black
Hills In 1927, decreed a new era for
his community. Reading first a text
from Joshua, No. i. 8, 9. he said.
“We as individuals, from every group
in the city, have united in a great
cause to end all the dissensions that
have tom our community wide open
and exposea us to the rays of public
opinion.
“Fellow citizens, we have now
changed our course and made a glori
ous start in a new direction—the di
rection of unity, peace and co-opera
tion. With this purpose in our hearts
ar.d a determination to carry it out,
we as individuals and as a community
will advance in every phase oi activity
—religious, educational, commercial
and social.”
FOUR DRIVERS KIDNAPED
IN STRIKE ARE RESCUED
Snatched From Detroit Wagons,
They Are Taken to Office
of Union.
By tbe Associated Press.
DETROIT. April 20—Pour drivers
for the Ebllng Creamery Co., snatched
from their wagons by gangs of men
today, were found under guard In the
headquarters of the International
Teamsters’ and Chauffeurs’ Union.
A drivers’ strike has been in prog
ress at the creamery since Wednes
day.
Detectives William de Lisle and Roy
Prendergrass found the missing men
on clues provided by two wagon help
ers who were beaten by the men who
seized the drivers.
Samuel Hurst, president of the
union, and four of the strikers were
questioned and released when the
drivers said they were not the men
who pulled them from their wagons.
POWERS UNMOVED
BY HITLER’S CURT
. REBUKE TO LEAGUE
(Continued From First Page)
Denmark differed slightly from that
to other powers since it merely In
formed Denmark, which abstained
from voting at Geneva, that the pro
tect had been made.
MOSCOW.—Izvestla, the govern
ment newspaper, demanded German
participation in security arrangements,
declaring "the greatest misfortune
awaits Germany” if she starts on the
path of aggression.
BUCHAREST.—King Carol ex
pressed the hope that Rumania's
armament would be pushed forward.
“SHORT, DETERMINED NOTE.”
Hitler Sends Message to Powers on
Birthday.
By the Associated Press.
BERLIN, April 20.—Adolf Hitler
curtly struck back on his 46th birth
day anniversary today at 13 nations
of the world who condemned, through
the League of Nations, his scrapping
of the Versailles Treaty.
“They have no right to appoint
themselves judges over Germany.”
Der Fuehrer said.
A “short, but determined note," as
the foreign office described it, rejected
the League Council's resolution rebuk
ing the Reich's treaty violations.
Der Fuehrer gave out his note while
Ambassadors and Ministers accredited
to Berlin were entering their names
in the book at the Executive Palace
provided for birthday congratulations.
Denied Right to Judge.
The note denied to the powers the
right to judge Germany, declared the
council's decision “an attempt at new
discriminations against Germany” and
rejected it “in the most forceful man
ner.”
“Hitler, however, was careful not
to close entirely the door leading to
further international discussions, as
the foreign office was quick to point
UUl.
"On the contrary,” its spokesman
said, “in the closing sentences we in
dicate an intention of replying to
Geneva charges in detail. But for
this there was not time.
"We can take up the details later—
presently we have to serve notice that
Geneva’s way won't do.”
Doubts French Power.
While Berlin, and the nation itself,
celebrated "Handsome Adolf's" birth
day anniversary, the first since he be
came commander-in-chief of the
"revived'’ army, diplomatic circles ex
pressed the opinion he felt he could
take an uncompromising stand for
these reasons:
1. He believes the proposed Franco
Russian military alliance by no means
perfected.
2. He thinks the Danubian powers
are not united.
3. He regards the Little Entente
not as firmly under the French wing
as France would like it to be.
4. His army and air force are
further along than is commonly be
lieved.
Political circles said they believed
the Reichsfuehrer would now await
the reaction of the powers to his
initial protests—the foreign office
previously protested verbally to Great
Britian—before taking any further
step.
So far as his own people is con
cerned. Hitler’s position was regarded
as improved by the tangible mani
festations of approval of his rearma
ment program which his birthday an
niversary brought him.
(Copyright 1835.)
Girl Scouts Chosen.
NEW YORK. April 20 UP).—.Mary
Guernsey of Wellesley, Mass.: Lora
Bond of Knoxville, Tenn., and Kath
I erine Flad of St. Paul. Minn., have
I been announced as the three Girl
| Scouts chosen to represent the United
I States at the 1935 international en
i campment at Adelboden, Switzerland,
I next Summer.
DERN 10 WITNESS
BALLOON TAKE-OFF
War Secretary to Watch
Start of Stratosphere
Trip in June.
Secretary of War Dem intends to
witness the take-off of the new giant
balloon Explorer II, to be sent into
the stratosphere some time in June
under the sponsorship of the Army
Air Corps and the National Geo
graphic Society from Stratocamp, in
the Black Hills of South Dakota, he
said last night in a radio address over
a Nation-wide hook-up.
Manned by Capts. Albert W. Stevens
and Orvil A. Anderson, assisted by
Capt. Randolph P. Williams, ground
officer and alternate pilot, the balloon,
the largest ever constructed, will be
filled with non-inflammable helium.
"Since airplanes comprise the prin
ciple flying equipment of the Army,
we are very much interested in se
curing sufficient knowledge to enable
them to operate efficiently at high al
titudes,” the Secretary said.
Aside from cosmic ray and earth
curvature studies, "one device will be
used to determine whether tiny spores
can survive in the stratosphere,” Dr.
Gilbert Grosvenor, president of the
Geographic Society, said in a speech
on the same program.
Carrying a ton of scientific instru
ments, the gondola itself will be
equipped with a huge parachute, de
signed by Lieut. Col. Edward L. Hoff
man, Air Corps, to lower the gondola
safely in case of accident to the bal
loon, such as caused the failure of
last year’s flight, when the balloon
was forced down after reaching a
height of 11 miles.
MAN HELD FOR ASSAULT
TELLS OF HANGING PARTY
Three Kidnapers Told Him to Get
Out of Town, Says 70
Year-Old Dentist
By the Associated Press.
SALT LAKE CITY. April 20 —Offi
cers here today were investigating
the story of Dr. H. J. Smith, 70-year
old dentist who is facing trial on a
charge of indecent assault on a 12
year-old girl, that he was kidnaped
: by a band of men and threatened
; with lynching.
Dr. Smith told Deputy County ^t
j torney J. Allan Crockett today that
! he left his home last night to take
some fuel to his office, when he was
seized by three men who forced him
l to accompany them, placed a rope
I around his neck and dragged him
! into a truck.
i They took him to an isolated spot
! in a grove of trees, he asserted, and
attempted to throw the rope over a
limb.
“I got down and begged for my
life,” the aged man told the officer.
“They told me to get out (of town)
and never come back, or they wouid
fix me so that I wouldn't stay in any
place. I promised.”
•
Many Germans in Chile.
Nearly one-third the population of
Central and Southern Chile is now
German. •
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APRIL 28th, INCLUSIVE, FROM 10 A. M.
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of them will be true. You are cordially invited to attend this exhibit, where
you will see on display representative body types, formal and informal.
In the new Lincoln, the famous V-12 cylinder engine is placed forward
several inches in the frame; the weight of rear-seat passengers is now poised
ahead of the axle, rather than directly over it. Because of this new designing,
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Many other important changes are worthy of your time and attention.
The new Lincoln V-12 is available in eighteen body types, among them
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Come in any time during the day, or in the evening until 10 o’clock.
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