Wednesday, June 11, 2008

JULY 5 AND JULY 9, 1956


July 5, 1956

HEADLINE: LINDBERGH SLAYER GETS LIFE SENTENCE

Motion to Summon Jury to Determine Fate of James P. Taylor Withdrawn


James Taylor, confessed murderer of Kenneth E. Lindbergh, cashier of the Northern State Bank following a kidnap/robbery episodes last November 12, in Thief River Falls, was sentenced this morning by Gunnar H. Nordbye, in federal court in Minneapolis to serve the rest of his natural life in prison.


L. W. Rulien, Pennington County Attorney, who was in Minneapolis today, for the court session, notified the Times that the government had moved to withdraw its motion to submit the case to the jury which would have had the power to impose the death penalty.


Judge Nordbye sentenced Taylor to serve 10 years in federal prison on the third count of the indictment, involved the interstate transportation and 10 years to run consecutively on the fourth count, also involving transportation.


On the first count involving the murder of Lindbergh, he was sentenced to serve the rest of his natural life in prison, this sentence to begin after the other two terms have been served.


In passing sentence, Judge Nordbye stated that the murder was the most heinous and cold-blooded offense in his long experience as the Jurist and declared that Taylor should never again be allowed outside prison walls.


The government also moved to dismiss the second count of the indictment, involving bank robbery, on the grounds that there was a conflict of jurisdiction as to where they case should be tried.


Taylor made a brief statement at today’s session, saying that he planned the crime while confined in an Indiana prison for a previous offense, adding that he didn’t know Lindbergh until the day he met him at the Northern State Bank late in the afternoon of Saturday, November 12. He also expressed his sorrow at having committed the crime.




Monday, July 9, 1956

HEADLINE: ATTORNEYS ASK PSYCHIATRIC AID FOR TAYLOR


Nemerov Asks that K.E. Lindbergh Murderer Be Treated While in Prison


A plea that federal judge Gunnar Nordbye use his prestige of his court to obtain psychiatric assistance for James P. Taylor, given a life sentence for the slaying of Kenneth E. Lindbergh, during his prison term was made by the defendant’s court appointed attorneys Thursday.


Irving Nemerov and Walter E. Riordan told the court there is reason to believe mental guidance could enable Taylor to make a substantial contribution to society.
Taylor himself asked for mental assistance, guidance, and counseling. They pointed out that three psychiatrists who examined him found no objective evidence of organic brain damage the attorney said. Although they felt further tests should be conducted by government psychiatrists.


The attorneys reported Taylor had been fully cooperative with them and the government although they found many weaknesses and defects in his character, they said, they also found many traits of merit. He is sincerely remorseful they said and understands the wrong he has done and is willing to accept the consequences.


If at some time in the past his energies had been properly directed, they said we feel that he would have been a responsible citizen. It is our hope that the Federal Bureau of Prisons will discover, direct, and develop these energies.


The two lawyers, who served without compensation, added criticism of the position of the court appointed attorney.


For the last eight months the consuls for the defendant have devoted a great deal of time to this matter. The court knows it has been difficult working without compensation. We know that this court desires federal legislation providing for payment to those who have devoted a great deal of time to this matter.


In order to carry out the letter, if not the spirit of the constitutional provision for the right to consult, the attorney must treat the defendant as he would his wealthiest client. He must take the same action and expand the same investigative funds. Only in this way can the bill of rights be given its full impact.


This defendant was given every advantage of his right to counsel. And not one instance was he treated differently than he would have been if he had unlimited funds. However, future defense may not have attorneys appointed who are financially able to carry on the burden of this task as we were in the circumstances and the right to consul becomes meaningless.



Tuesday, June 10, 2008

JUNE 18 AND JULY 2, 1956

June 18, 1956

HEADLINE: MACKINNON BACK FROM WASHINGTON PARLEY ON TAYLOR

District Attorney Has No Comment to Make on Purpose of Conference


George MacKinnon, United States District Attorney, returned to Minneapolis Thursday from a conference with Department of Justice officials in Washington concerning the James P. Taylor case.


The prosecutor reportedly took up the question of how the government might properly withdraw its formal request that a jury be impaneled in Minneapolis federal court to pass on a possible death sentence for Taylor for the slaying of Kenneth Lindbergh, Thief River Falls, Minnesota banker.

Judge Gunnar Nordbye has said that he would continue the request under advisement pending MacKinnon’s return.


MacKinnon said Friday he has no comment concerning his discussion of the case with department officials.
It is expected the court may invite Consul for both the government and Taylor to discuss the case before the government’s motion for the jury to be ruled upon.
The court has the power to sentence Taylor to a maximum of life imprisonment for the November 12 slaying. Only a jury has the power to inflict the death penalty under federal law.




Monday, July 2, 1956

HEADLINE: JUDGE TO RULE ON TAYLOR CASE NEXT THURSDAY


To Announce Decision on Issue of Calling Jury to Decide Slayer’s Penalty


Judge Gunnar H Nordbye said Friday in Minneapolis he will rule at 9 AM, Thursday, July 5, on government motions to impanel a jury qualified to inflict the death penalty on James Taylor, 31, for kidnapping and murder of Kenneth Lindbergh, Thief River Falls bank cashier, last November.


Taylor has admitted the slaying November 12, and the theft of nearly $60,000 with travelers checks and cash.
Planning to attend the hearing are L. W. Rulien, Pennington County Attorney and Sheriff Arthur Rambeck.


In arguments at a hearing last month, George MacKinnon, United States District Attorney, contended the punishment of Taylor for the crime should be fixed by a jury. New paragraph only a jury under federal law is the power to inflict capital punishment.


As an alternative, MacKinnon suggested life imprisonment be imposed by the court without a jury.
In opening summation of the case, to a jury Taylor Court appointed attorneys, Nemerov and Riordan, argued such a hearing would require months and cost thousands of dollars.


MacKinnon returned recently from Washington where he reportedly discuss this phase of the case with Department of Justice officials.


Monday, June 9, 2008

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.


Sunday, June 8, 2008

MAY 24 AND MAY 31, 1956

Thursday, May 24, 1956

HEADLINE: INVESTIGATION IN JAS TAYLOR CASE STILL IN PROGRESS

United States District Attorney George MacKinnon said Tuesday in St. Paul that the present investigation in the case of James P. Taylor, confessed killer of the Thief River Falls banker, Kenneth Lindbergh is still in progress and that he had no estimate on when it would be completed.

Judge Gunnar H. Nordbye had said earlier he would not announce whether he would he impose sentence himself or call a jury until after the investigation was completed.



Thursday, May 31, 1956

HEADLINE: AFFIDAVIT GIVES DETAILS OF K.E. LINDBERGH CASE

George MacKinnon, U.S. Attorney, Cites Actions of Jas. P. Taylor, Slayer

James P. Taylor confessed killer Kenneth Lindbergh, Thief River Falls bank cashier, planned a crime a year or more before its actual commission, although he had no specific victim in mind.


George F. MacKinnon, federal district attorney, unfolded one of the most dramatic murder stories Tuesday as he told how Taylor, while still in his cell in a federal prison in Terre Haute, Indiana, in 1954, planned to pose as the bank examiner to gain access to an affluent banker for drugstore chain owner yet to be selected.


The affidavit revealed that Lindbergh gave his life last November in one of Minnesota’s most bizarre crimes because he was saving his wife and four children from possible harm.


The model husband and father, a loyal bank employee, submitted to the robbery demands of Taylor, his subsequent killer after he had been intimidated by Taylor’s fabrication that members of a bank robbery syndicate were watching a Lindbergh home, ready to harm Mrs. Lindbergh or the children if the banker did not cooperate.


The affidavit will be read by MacKinnon in Minneapolis federal district court, June 6 as the attorneys asked Judge Gunnar Nordbye to a panel at jury to hear evidence that could result in recommendation that Taylor be put to death.


Only a jury can decide if Taylor is to get the death penalty. If Judge Nordbye should handle sentencing without a jury, he may impose a sentence of up to life imprisonment.


Although the affidavit gives it derailed description of the commission of the crime there are gaps that never may be filled unless the case is open before a jury or the court or the FBI makes a more detailed account of it.


There is no mention in the MacKinnon affidavit to say why Taylor finally decided on the Northern State Bank at Thief River Falls, a northern Minnesota Bank he probably never heard of. There have been many suppositions as to why but none are official.


Taylor, the affidavit said, first planned in selecting his victim from the area around Detroit, Michigan, is former hometown. He was on decided whether to use a knife or gun to threaten his victim and family.


Within hours after he had been released from the Terre Haute, Indiana, prison on October 29 last year, Taylor was on his way to Joplin, Missouri. He stayed in the Missouri city until November 8, during that time he made many long distance calls to former convict pals in an effort to interest them in the Thief River Falls job, MacKinnon said.


None of these ex-cronies was interested in the answer was the same as he sought help as late as November 10 -- 2 days before the crime -- while he was in Chicago, he’d come to Minneapolis from Joplin, Missouri, via Louisville, Kentucky and Chicago, Illinois.


After failing in efforts to get outside help, Taylor decided to go it alone. The statement alleged he stopped off in a Chicago hardware store and bought a small hatchet. He made his purchase after he had failed to buy a secondhand gun.


As B. J. O’Malley, Taylor travel by plane from Chicago to Minneapolis on November 11. He registered at Hotel Nicolette S. Herbert F. Johnson.


MacKinnon said that at 3 PM. on November 12, J. B. O’Malley was one of the passengers on the North Central Airlines plane that landed in Thief River Falls. By 4 p.m. he was at the door of the Bank, dressed in a business suit and carrying a briefcase, containing a pair of slacks, sport shirt, and a small hatchet.


The briefcase supposedly contained a $25,000 in cash he was to have placed in Lindbergh’s care over the weekend.


Lindbergh himself unlock the bank door for Taylor and formally with the prearranged appointment made by him to Lindbergh by long-distance telephone from Minneapolis.


Taylor, the affidavit went on in a phone conversation, let Lindbergh to believe that he was Herbert F. Johnson, president of the Johnson Wax Company, Racine, Wisconsin, and was engaged in surveying the Thief River Falls area in contemplation of building a factory here in the near future.


It wasn’t long after George Werstlein, bank vice president and Charles Bowman, a janitor had left the building that Taylor dropped his mask and said he was from a large syndicate and that he was robbing the bank, MacKinnon said.


Taylor is said to have told Lindbergh that some of the syndicate members were outside the bank and others were near the Lindbergh home and that if Lindbergh stayed calm and cooperated no one would get hurt.
The affidavit indicated that, through Lindbergh’s fast thinking the bank was saved nearly $62,000 in a case in one of the vaults. Lindbergh locked the safe and put a time lock on it after Taylor had arrived.


After taking $14,170 in traveler’s checks and $1750 and silver from a container in the vault that was open, Taylor is alleged to have forced Lindbergh to turn over his car keys. On the ride to what proved to be his death, Lindbergh was further intimidated by threats of what might happen to his family.


While traveling along US 10 in the vicinity of Clear Lake early on the morning of November 13, the affidavit said then and there Taylor, and execution of his plan, decided the time had come to kill Lindbergh or risk early apprehension. With such prearranged plan, Taylor turned off the main road drove to the south shore of Crescent Lake on the Lawrence Fiereck farm and there, under the pretext that he was going to bury the money, stopped the car and compelled Lindbergh to carry 199 silver dollars in his hands to a point in a small thicket.
Taylor who is alleged to have taken a small hatchet and trailed Lindbergh until they reached a point about 20 feet north of the Fiereck Road, without provocation viciously attacked Lindbergh from the back with a hatchet, MacKinnon charged.


MacKinnon said at least nine blows were struck by Lindbergh was lying face down in a prostate and defenseless position, the affidavit said.


MacKinnon charges that Taylor alone committed the crime. That Lindbergh was in no way implicated and that all of the banker’s actions were committed under the fear of grave personal injury to himself and members of his immediate family.


Saturday, June 7, 2008

MONDAY 4-16 & THURSDAY 4-19, 1956

THE TIMES IS NOW A MONDAY AND A THURSDAY PUBLICATION


Monday, April 16, 1956

TAYLOR TAKEN TO CLEAR LAKE SLAYING SCENE

Rumored Published to Effect that Lindbergh Was Killed after Fight


The Federal Bureau of Investigation and the US District Attorney George MacKinnon refused Wednesday to confirm a published report that James P. Taylor killed Kenneth Lindbergh, Thief River Falls bank cashier, during a fight.


The unconfirmed report was published after Taylor, confessed slayer of the banker, was taken to the farm near Clear Lake, Minnesota, where Lindbergh’s body was found last November 25.


Sherburne County Sheriff Chester Goenner, who was with authorities Wednesday on the farm near Clear Lake, declined to comment on what had taken place.
Lindbergh disappeared last November 12, after talking for some time with a stranger at the bank.


The published report said it was learned that Taylor had, ordered Lindbergh to drive off Highway 52 at Clear Lake, a back road leading to Crescent Lake, about 10 miles southeast of St. Cloud.


It was reported Taylor’s purpose was in turning off was to bury the $1750 in silver coins taken from the bank.


The report said Taylor carried, for digging purposes, a hatchet, which Lindbergh apparently had in his car.
Taylor reportedly said Lindbergh gave him a fight and that he struck the banker with the hatchet.


The confessed slayer reportedly said that he and Lindbergh crawled through a fence between strands of wire before they engaged in the fight.


FBI agents had been taking statements from Taylor for the proceeding two days. The trip to the farm was made with secrecy. The group tramped through the wooded area where the body was found and through the adjacent clearing.


Authorities would not say whether the murder weapon was found either Wednesday or at the earlier date.
There had been unofficial speculation that Lindbergh might have been killed elsewhere and his body was lifted over the fence on the farm where it was found.


Lindbergh weighed 50 pounds more than Taylor. For that reason, it was speculated that if the banker had been killed elsewhere his slayer would have needed help in getter the body over the fence.


It still has not been announced whether Taylor will be sentenced by the Court or his case ordered to a jury. If a jury decides his fate, a death penalty is possible.


April 19, 1956

TAYLOR PROPOSES TO OFFER BODY TO MEDICAL SCIENCE


Minneapolis Minister Quotes Lindbergh Slayer as Offering Atonement


Rather than spend a lifetime in jail, James P. Taylor would have his body serve the advancement of medical science, a religious advisor of the confessed slayer reported today in Minneapolis.


The Reverend Arnold Lowe, pastor of the Westminster Presbyterian Church said Taylor had expressed that wish during one of the several visit’s the churchmen had with Taylor in the Hennepin County Jail.


Reverend Lowe said the prisoner felt that donation of his body to science would provide some explanation for the slaying of Kenneth Lindbergh, Thief River Falls bank cashier last fall.


The pastors report came as federal officials indicated it might be several weeks before the detailed story of the kidnapping -- slaying is revealed.


A summary of the investigation will be handed to George MacKinnon, United States district Attorney for presentation to federal Judge Gunnar H. Nordbye who ordered the investigation.


The report will determine whether Nordbye calls a jury to decide on a possible death sentence -- -- permissible only by jury recommendation. Nordbye himself cannot sentence Taylor to not less than 10 years and up to life imprisonment.



Friday, June 6, 2008

WEDNESDAY, APRIL 11, 1956

Wednesday, April 11, 1956


HEADLINE: JAMES P TAYLOR OFFERS SURPRISE GUILTY PLEA IN K. LINDBERGH CASE


Federal Judge Nordbye May Let Jury Consider Imposing Death Penalty.


Residents of Thief River Falls community heaved a collective sigh of relief Friday afternoon when word reached the city that James P. Taylor, Detroit, Michigan ex-convict, had pleaded guilty in Minneapolis federal court to charges of slain Kenneth E. Lindbergh, cashier of the Northern State Bank after having kidnapped the banker here on November 12, 1955.
Taylor, who had steadily insisted since his arrest in Joplin, Missouri, December 8 that he was innocent of the crime, had been scheduled to go on trial in Minneapolis next Monday, April 16.


The only local men who advanced notice of Taylor’s impending change were County Attorney L. W. Rulien, Sheriff Arthur Rambeck, and City Attorney Robert Wurst who had been notified by United States District Attorney George MacKinnon that Taylor would enter a plea Friday at 1:30 p.m. and all three were in court at that time.


Taylor, Monday gave FBI agents he’s detailed story of the crime, and his account will be turned over to federal judge Gunnar Nordbye , who will decide whether to sentence Taylor or to turn this case over to a jury for consideration of a possible death penalty.


In federal court last Friday, Taylor pleaded guilty to killing the 44-year-old father of four near Clear Lake, Minnesota on or about November 13, the day after Lindbergh disappeared from the Northern State Bank.


Stealing some $14,000 worth of travelers checks from the bank plus some $1750 in cash.


Transportation in interstate commerce from Minneapolis to San Francisco up for travelers checks to which the name Herbert F. Johnson had been forged.


Transporting the stolen checks from Minneapolis to cities that included Chicago, Detroit, Cleveland, Cincinnati, Indianapolis, IME, Fort Lauderdale, New York, San Francisco, Joplin, and other places.


The indictment containing 4 counts, was returned by a grand jury on February 2. Taylor pleaded innocent a few days later and was scheduled to stand trial April 16.


Taylor’s attorneys declined comment on what prompted the change in plea; they said it would be inappropriate to discuss the subject while a present investigation is in progress.


Lindbergh’s body was found by three farm children on a snow-covered pasture November 25. Taylor, a good-looking six footer who carried 34 aliases, was picked up at Joplin after passage of stolen checks were traced to him.


Judge Nordbye reminded Taylor that he was making his plea without reservation and invited him to make a full and complete statement of details to investigating officers.


No time limit was set on the investigation.


Nordbye said a decision on whether to send the case to a jury for a sentencing would be based mainly on the investigation report. Both government and defense attorneys will be given a chance to see their report.


Under the law Nordbye said, he himself could sentence Taylor to not less than 10 years and up to life in prison.


“If I determine that the death penalty as to Count one shall be submitted to the jury for its determination, government consul and your console shall be afforded full opportunity to present all relevant, confident, material, and evidence before the court and the jury on that issue“, Nordbye told Taylor.


Taylor, his court appointed attorneys, Irving Nemerov and Walter Riodan and MacKinnon said they were in accord with the judge’s statements.


In entering your plea of guilty, Nordbye told the defendant, there can be no reservation as to the full import of your plea in these counts. More over, it must be understood that I reserve the absolute right in my discretion to determine whether I shall call a jury for the purpose of determining the death penalty.


MacKinnon, winding up the private proceedings that were viewed by about 75 court spectators and his men said he wanted to make it clear that the government had offered nothing to Taylor in return for his guilty plea.



HEADLINE: Mrs. K. LINDBERGH VOICES RELIEF AT TAYLOR GULITY PLEA

On learning Friday afternoon that James P. Taylor of Detroit, Michigan had pleaded guilty in Minneapolis federal court to the kidnap, murder of her husband, Mrs. Kenneth E. Lindberg, widow of the late Northern State Bank cashier, commented as follows:


I am thankful and relieved the one who caused her tragedy has pleaded guilty. Nothing can amend the loss we feel in our home but truth is better than doubting and a justice of the courts decide the penalty.

Thursday, June 5, 2008

WEDNESDAY, MARCH 28, 1956

Wednesday, March 28, 1956

HEADLINE: J. TAYLOR TRIAL IS POSTPONED TO APRIL 16TH


Judge Nordbye Grants Request of Defense Attorney I. Nemerov



Judge Gunnar Nordbye Monday in Minneapolis federal court granted a defense motion for delay and postpones start of the federal court trial of James P. Taylor from April 2 to April 16.


Taylor, a Detroit ex-convict, is charged with slaying Kenneth Lindbergh, 44, Thief River Falls bank cashier who disappeared November 12. Lindbergh’s beaten body was found two weeks later near Clear Lake.


Taylor also is charged with theft and cashing of some of the $14,000 in traveler’s checks missing from the Thief River Falls bank.


In asking for the delay, Irving Nemerov, court appointed attorney for Taylor told the court this will be the first murder case he has defended and that there are many aspects of the case with which he is not familiar.


George MacKinnon, United States district Attorney who last week gave Nemerov a list of 533 prospective witnesses, ordered subpoena is issued for 190, including an undisclosed number of Thief River Falls residents.
He told Judge Nordbye he had scaled the list down after Nemerov said certain phases of the government case would not be contested. The district attorney said the new list by name and address of the witnesses would suggest what testimony each might have.


In asking Saturday for a delay, Nemerov described prosecution’s list of 533 potential witnesses as a sham and frivolous.


The list was given to Nemerov Wednesday by United States District Attorney George MacKinnon. In the affidavit accompanying his motions, Nemerov said the list was the longest he had ever heard about and criminal trial. He asked that MacKinnon ordered to produce a more realistic list. Nemerov explained that the defense must examine the prospective witnesses before it can conduct its case and added that the time allowed is much too short.


He also suggested at trial date be delayed until the snow has melted in the south shore of Lake Crescent near Clear Lake, Minnesota where Lindbergh’s body was found. This would make it possible to search for a murder weapon.