JUNE 4 AND JUNE 7, 1956

Monday, June 4, 1956

HEADLINE: TAYLOR LAWYER DENIES SLAYING PREMEDITATED

Irving Nemerov Makes Statement in Advance of Hearing Wednesday


Counsel for James P. Taylor, 30, confessed kidnap-slayer of Kenneth Lindbergh, will fight a government motion to have a jury consider evidence in the case.
Irving Nemerov, attorney for the Detroit ex convict said Thursday Taylor denied in the confession that the killing was premeditated and that Lindbergh’s death resulted from a battle for life. A government affidavit said earlier Taylor attacked Lindbergh without provocation after deciding the time had come to kill him.


Nemerov said Taylor’s confession says that after he and the Thief River Falls bank cashier left Lindbergh’s car near Crescent Lake in Sherburne County, Taylor slipped and fell against Lindbergh. Taylor claims Lindbergh became frightened and struck him on the head with a bag of coins Taylor stole from the bank starting the fight which ended in Lindbergh’s death by hatchet.


His snow covered body was found November 25. A number of silver coins were strewn nearby.


The government affidavit charges Taylor brought the hatchet in Chicago a few days before the slaying.
A federal court hearing is set for Wednesday for arguments on whether Judge Gunnar Nordbye will sentence Taylor or decided if a jury will be called. A jury can recommend death, but the maximum penalty the judge can give is life imprisonment.



June 7, 1956

HEADLINE: JUDGE NORDBYE PUTS OFF DECISION TO CALL JURY IN J. TAYLOR CASE

Federal District Judge Gunnar Nordbye listened to more than four hours of argument in Minneapolis Wednesday on the question whether a jury should be called to fix the penalty for James P. Taylor, confessed slayer of Kenneth Lindbergh, Thief River Falls bank cashier.


Judge Nordbye took the matter under advisement without giving any indication when his decision would be made. Only a jury can impose the death penalty. If the court decides not to call a jury, the maximum sentence the judge can impose his life imprisonment.


In attendance at the hearing from Thief River Falls were County Attorney L. W. Rulien, Sheriff Arthur Rambeck, Police Chief, Elton Cummings, George W. Werstlein, the Reverend Otto Dale, and Don Olson, of radio station KTRF.


During the court session, Taylor heard his crime described by district Attorney George MacKinnon as a cold and wanton killing so aggravated as to fully justify a jury imposing the death penalty.


Irving Nemerov and Walter Riordan, court appointed attorneys for Taylor’s life history which Nemerov summed up by saying:

“Society is as guilty of killing Lindbergh as Taylor. Heredity and environment made him what he is.”
Mr. MacKinnon Has said , “He doesn’t learn by experience. That’s the defect he was born with. You don’t kill a man for what he was born with.”


Nemerov contended that calling a jury to decide the penalty would be a long step towards death -- almost the equivalent of sentencing him to die.


Both sides sought charts outlining Taylor’s life history and his criminal record.


Nemerov related that Taylor was an illegitimate child and said his parentage was such that he didn’t have a chance to develop in any other way other than the way he had.


He cited a series of head injuries suffered in school and college athletes as contributing factors and offered extensive charts he said showed that capital punishment does not operate as a deterrent to crime. He compared states like Minnesota and Wisconsin, which do not have capital punishment, with those like Indiana and Ohio which do.


MacKinnon brought pictures into play in his rebuttal statement. He showed pictures of the place where the body was found November 25 near Clear Lake to refute a suggestion by Nemerov that Lindbergh was killed in a battle for life.


He said the fact that the body was found in an area where there are many small bushes and much underbrush -- but then a minute search revealed no substantial number of broken branches -- indicated to them. there had been no fight.


He also showed the coat, which he said contained no thorns or brambles.


The district attorney also showed pictures and sketches he said showed the hatchet blows from which Lindbergh died were inflicted from behind.


To the medical history related by defense counsel ,MacKinnon replied that three psychiatrists agreed after an examination showed no residual brain damage to any extent.


We have evidence to show, he added that many Taylor’s illnesses were fakes.


To Nemerov’s arguments about capital punishment, he said Congress has fixed the policy, not the district attorney.


In a brief final statement, Nemerov said he doubted that any jury would be able to consider the case objectively because of the kind of evidence that would be presented. Earlier he had said it would be difficult to get a jury and that a trial to determine the penalty would be long and expensive procedure.


Both sides mention Mrs. Lindbergh, widow of the slain banker. Nemerov said he was sure she did not want Taylor put to death, MacKinnon said she would be satisfied to let the law take its course.