Tales from the Morgue series: Troubling times for the Plantation night club

PLANTATION IS TIPPED TO RAID

Sheriff Calls on Night Club, Finds Nobody Playing Game

Two well known northside gambling games which have been allowed to run openly for months, one of which had apparently been tipped off before the raiding party arrived, were closed by Sheriff John Belton between 10:30 and 11 o'clock last night.

The games were at the Plantation cafe, a night club operated by Bob Nardelli which is located four miles north of Tucson on the Oracle road, and at the Venice Gardens, operated by Mike Saracio and situated northeast of the city at the intersection of Swan and Fort Lowell roads.

Both establishments had been the subject of numerous complaints.

The Plantation casino, the second raided and the more pretentious of the two, had apparently been tipped off that the raid was impending, observers said.

Roulette, black jack and crap game equipment, together with stacks of chips, were in ship-shape order in the small outer building northeast of the cafe proper, but there were no players around the usually crowded tables when the officers arrived.

Belton and Deputy Gus Vasquez, his assistant, seized the roulette wheel, chips and the cover of the crap table, and placed Billy Reams under arrest as operator of the establishment establishment.

Several operators and other assistants In the establishment stood about noncommitally while Reams helped Belton pack up the equipment.

The Plantation raid had been preceded a half hour by one at the Venice Gardens, where Belton and Vasquez seized a chuck-a-luck "cage" and attendant equipment, which were standing on the night club's bar.

Joe Gross was placed under arrest at this establishment.

Reams and Gross will appear before D. G. Chalmer, justice of the peace, at 10 o'clock this morning.

Belton said that he was unsuccessful in an attempted raid on a third northside night club, but that he intended to close the place up "immediately."

NARDELLI HELD UNDER $1000 BOND

Manciet Also Charged With Attack on Hedderman At Plantation

Robert Nardelli, operator of the Plantation night club, and Eddie Manciet, a waiter in the popular northside resort, were released under $1,000 bond each last night after they had been arrested by Sheriff John Belton on aggravated battery warrants issued on complaints filed by Maurice Hedderman, civil deputy in the sheriff’s office.

The filing of the complaints by Hedderman followed an incident in the night club late last Friday night during which Hedderman charges that he and a companion were attacked while leaving the resort.

Belton, who made the arrests at the Plantation at 7 o'clock last night, had closed a gambling game at the establishment late the preceeding night.

According to Hedderman's complaint, he and two friends went to the night club late Friday evening. While getting a drink, he says, a short exchange of words brought Nardelli to the bar.

As the party left and he was walking down the steps at the entrance, Hedderman charges, he was felled by a black jack or some other heavy object, while one of his companions was felled by a kick in the groin.

Hedderman was taken to his home by the friend, he says, who later reported the affair at the sheriff's office. Nothing was done until yesterday, when Hedderman, who said he had been in bed on a doctor’s orders, went to the county attorney's office and signed complaints against both Nardelli and Manciet.

County Attorney Alexander Murry conducted an investigation of the affair, and filed the charges in justice court yesterday afternoon.

Nardelli and Manciet were taken to the court house, where Justice of the Peace D. G. Chalmers set their hearings for next Tuesday afternoon at 1:30 o'clock, and fixed bail for each at $1,000. The men's bonds were made by Mr. and Mrs. Otto Ruelas.

BOB NARDELLI, EDDIE MANCIET HELD BY JUDGE

Charge of Battery Faces Plantation Owner And Bartender

CARLSON TESTIFIES

Tells How Pair, Aided by Others, Allegedly Beat Up Hedderman

Disregarding the testimony of eight defense witnesses, Judge D. G. Chalmers yesterday ordered Robert Nardelli, proprietor, and Eddie Manciet, head waiter of the Plantation, local night club, held to answer to superior court on charges of aggravated battery. The charges allege that Nardelli and Manciet precipitated an attack upon Maurice Hedderman, Pima county deputy sheriff, early on the morning of August 31.

Raymond Carlson, former editor of the Miami Silver Belt and house guest of Hedderman, was the sole state's witness to the alleged attack at the Plantation. Hedderman, bedridden and facing at least a possible loss of the sight of his right eye as the result of injuries inflicted with a blunt instrument to the right side of his head, was unable to appear at the preliminary hearing. The testimony of Carlson represented the crux of the state's case, and in his order holding the two defendants to answer under bonds of $1000 each, Judge Chalmers apparently chose to believe Carlson.

Alexander Murry, county attorney, and Odin B. Dodd, retained by Hedderman as a special prosecutor, represented the state in yesterday's hearing. George O. Hilzinger appeared for Nardelli and Manciet.

The first hearing called was that on the aggravated battery charges against Robert Nardelli, proprietor of the Plantation night club, where the alleged assault took place. The effort to postpone the twin hearings (the other accusing Eddie Manciet waiter at the Plantation, of aggravated battery) because Hedderman's physician would not allow allow him to appear was abandoned at the last minute.

Doctor Testifies

Dr. J. B. Littlefield, Hedderman’s physician, first was called to the stand. The physician stated that Hedderman was suffering from an injured right eye and a blow above that optic; from a blow behind the right ear; and from a minor bruised area on the right shoulder. An eye specialist, called in, has regarded the eye injury as serious, Dr. Littlefield stated, unless Hedderman remains in bed for another 10 or 12 days.

While x-ray pictures taken after the accident failed to show skull fracture, Dr. Littlefield stated that these were unsatisfactory and that he believed a fracture existed. At present Hedderman is improving and should not suffer any permanent harm if all goes well, the physician added. The injuries, Dr. Littlefield said, were inflicted with some blunt instrument; the doctor doubted if they could have been inflicted with a man's bare fist.

Next on the witness stand was Raymond Carlson of Miami. A schoolmate of Hedderman's, Carlson stated that for three years past he has served as editor of the Miami Silver Belt which paper suspended publication about a month ago. Following suspension of publication, Carlson stated that he was the house guest of Hedderman and was planning a return to his home the day of the alleged attack.

Tells of Attack

Carlson then launched into a narrative account of the attack, which he charged was precipitated upon Hedderman and himself without provocation by Nardelli and Manciet.

He (Carlson), Hedderman and Mrs. Jeanne Bridwell arrived at the Plantation about 12:30 Saturday morning, August 31, Carlson said. They entered the bar via the rear door and a friend of Hedderman's met and talked with him for a few moments. Meanwhile he and Mrs. Bridwell looked out the door onto the dance floor, as Carlson had testified that he was looking for a friend from Miami who might have been there. Next a waiter came up with Manciet, extremely excited and accosted Hedderman saying to Manciet "This is the one, this is the one who did it." The man then added, "You broke the glass, you're going to pay for it.”

Hedderman was mystified, as was Carlson, the witness testified. Manciet very angry, talked excitedly and threateningly to Hedderman, Carlson said, and, just then, Nardelli came up, spoke a few courteous words to Hedderman, and Manciet turned away toward the dance floor. Passing Carlson, the latter advised Manciet to "take It easy" and asked what the matter was. "I'm going to get him,” Carlson said Manciet replied. "Take it easy," advised Carlson; "he's a deputy sheriff."

"I don't care what he is," Carlson said Manciet answered. "I'm going to get him and you, too."

Struck on Head

Hedderman then called him over and introduced him to Nardelli, Carlson said, after which Nardelli and Hedderman walked to the other end of the bar and sat at a table talking. This scene was described as being entirely affable by Carlson. After the talk, at about the 1 o'clock closing time, the trio started started to leave, again by the rear door. Carlson stated that he and Mrs. Bridwell walked out first with Hedderman and Nardelli following a short distance behind, Nardelli's left arm thrown across Hedderman's shoulders from the right side.

Proceeding affably to the Hedderman car, parked some 30 feet from the rear steps, Carlson stated that he and Mrs. Bridwell reached the car first and that he started to place Mrs. Bridwell in from the right side, as Hedderman was to drive. Looking across the hood of the car, Carlson stated that he saw Nardelli strike Hedderman on the right side of the face or head. Suddenly Manciet appeared and struck Hedderman and Hedderman dropped face down.

Rushing around the car, Carlson stated that Nardelli and Manciet were kicking the recumbent form. At this moment, some one unknown to Carlson kicked him in the groin, momentarily disabling him, Carlson said. When he recovered, all had gone. There appeared to be two or three other men in addition to Nardelli and Manciet at the climax of the attack, Carlson testified. Crawling over to Hedderman, whom he found to be unconscious, Carlson picked him up and placed him In the car driving him to the sheriff's office, Mrs. Bridwell accompanying. Hedderman was taken taken to the hospital and Dr. Littlefield was called, and Carlson stated he returned to the Plantation with deputy sheriffs, who questioned several persons. Later Carlson returned to the hospital and removed Hedderman to the latter's home, remaining up most of the night with him.

Denies Anyone Drunk

At the time of Nardelli's attack on Hedderman," the Plantation proprietor held some object in his hand, Carlson said. Nardelli and Manciet attacked almost simultaneously, Carlson added.

Under cross examination Carlson stated that neither of the party of three went to the Plantation to get drunk; that they had one drink of beer each, to his knowledge, which Nardelli bought; that he did not know the purport of the conversation conversation between Nardelli and Hedderman, but that it appeared entirely agreeable.

Hedderman was unarmed and not drunk, Carlson testified. Neither was the officer boisterous, or insulting, conducting himself quietly throughout the evening. Stating that he was completely surprised by Manciet's original action, Carlson stated that he did not hear Nardelli ask Hedderman to leave. Carlson added that it was he who suggested the visit to the Plantation, as he had hopes of finding his Miami friend there. Hedderman assented, Carlson said, saying that he had a paper to serve there. Hedderman was still unconscious when he reached the sheriffs office, Carlson ended.

James A. Abbott undersheriff, was called to the stand to testify that the Plantation was located in Tucson precinct, Pima county. No other questions were asked Abbott. After this Murry announced that the state rested its case.

Councilman Tells Story

The first defense witness called by Hilzinger was Will T. Boyd, city councilman and wholesale beer dealer. Boyd testified that he and Mrs. Boyd were dining at the Plantation on the night of August 30. Hedderman with a woman and five or six young men appeared, Boyd said, Hedderman being drunk and creating a series of rumpuses. No man, not drunk or crazy, would have acted as Hedderman did, Boyd stated.

Boyd placed the time of the fracas he described as 10:30 or 11:00 o'clock and, under cross examination, admitted that he had not seen Hedderman assault anyone at the Plantation.

The next witness was Miss Selma Harrison, who saw Hedderman at the Plantation that night. He arrived about 10 o'clock, this witness stated. He went to the bar and talked angrily with Manciet. Later Manciet told her that Hedderman had broken a glass from his car. Hedderman was drunk, Miss Harrison testified, and very abusive, not using vile language, but taunting Manciet. She stated that he drank frequently, not beer but "gin fizzes or something."

Broken Glass?

Next witness was Wallace Holloway, extra waiter at the Plantation. Hedderman arrived about 10:30, Halloway stated, with a girl and a man. Halloway testified that he saw Hedderman, in coming into the building from the rear, pick up a board and break the rear glass in Manciet's car, parked nearby. Asking Hedderman what was the idea, Wallace stated that Hedderman laughed, pushed him aside and entered the bar "pretty drunk." Halloway then told Manciet of what had happened.

Later Halloway testified to seeing Hedderman raising a fuss at the bar, and creating several other other disturbances. The two companions of Hedderman were drunk but not as drunk as the deputy, Halloway said.

Later, after closing time, Halloway recounted the only semblance of a fight admitted by any of the defense witnesses, and corroborated by one another. Halloway and Joe Dominguez, another waiter, were walking to their car to go home when they passed Hedderman and his two companions sitting on the running board of Hedderman's car, the witness said.

Hedderman leaped to his feet and rushed Halloway, charging that it was he who told Manciet of the car glass episode. Hedderman swung at him, the witness said, missed, and both fell against the car and thus to the ground. Halloway regained his feet and left. In the meantime Hedderman's companion rushed Dominguez, but the waiter escaped him and both got to their car and left the Plantation. Neither Nardelli nor Manciet was about, this witness stated, and other than what he described, there was no fight nor any blows struck.

Hedderman Abusive?

Next defense witness was Joe Dominguez, another waiter, who saw Hedderman break the car glass, he said. The time Dominguez placed at 10:05 p. m. In the bar, later when Manciet accosted Hedderman relative to the glass breaking, Hedderman was abusive and wanted to fight, Dominguez said. Hedderman was accompanied by a "big man" (Carlson) and a woman, Dominguez said and Hedderman was "pretty drunk" and the others were "feeling pretty good."

Hedderman continued creating disturbances, but friends prevented him from getting into real trouble, the witness said. At one time Hedderman said that if anybody was looking for anything, he would give it to them, Dominguez recounted.

Later, as he and Halloway went to their car to leave, Dominguez corroborated Halloway's statement of the minor rukus at the side of Hedderman's car.

Arthur Ruiz, bartender at the Plantation, served the party in which Hedderman was with its drink which Nardelli bought, he testified. They ordered gin fizzes, but he fixed them lemonades, Ruiz stated, and they didn't know the difference. Hedderman was pretty drunk and the others were feeling good, the witness said.

From then on Hedderman lingered at the bar, Ruiz said, and, after the 1 o'clock closing time, attempted to obtain first a drink and later a bottle of whisky. These were refused him as the closing time had passed, the witness explained. At closing time (1 o'clock) Nardelli was busy at the bar checking the cash receipts and Manciet was busy checking his waiters, Ruiz said. He heard nothing of the rukus outside until the next morning. Nardelli did not leave the bar after closing time, he ended.

Refused to Pay, Says George

George Nardelli brother of the defendant and another Plantation bartender, also testified to seeing Hedderman at the bar, raising a fuss between 10 and 11 o'clock. Ordering drinks for a party of five, he refused to pay the $1.30 charge against him, cursing the bartender and leaving, Nardelli testified. This witness also stated that Hedderman was drunk, and created many disturbances around the bar. At closing time his brother, Robert Nardelli did not leave the barroom, being busy checking bar receipts — this being the time of Hedderman's departure. Under the cross examination of Dodd, Nardelli hedged on the question of whether Hedderman was drunk, when Dodd reminded the witness that it was illegal for a bartender to sell an intoxicated man a drink of liquor. He ultimately admitted that he only saw Hedderman take one drink and that he had never seen him at the Plantation before.

Robert Nardelli next took the stand in his own behalf. He testified that Hedderman and his party arrived between 10 and 11 o'clock, and that he had heard an argument near the entrance to the bar. It was over the broken glass in Manciet's car, Nardelli said, and he had ended it by ordering Manciet back to work and inviting Hedderman and his party into the bar for a drink. Nardelli then stated that he gave the bartender "the wink," which was a signal not to serve strong liquor.

Wanted More Liquor?

Hedderman was pretty drunk, Nardelli said, also Carlson and the woman, but Hedderman was the drunkest. Nardelli then stated that he called the sheriffs office and told them that an officer was making a disturbance. Roy Manning answered the phone and said he would be out as soon as some other officer replaced him. Manning arrived, however, after closing time and after Hedderman had left, Nardelli said.

After the phone call Nardelli said Hedderman continued his abusive conduct to the waiters and remained at the bar until closing time. After closing hours Hedderman's demand for more liquor was denied and Hedderman threatened to have the place closed up, Nardelli said. Nardelli then escorted Hedderman to the rear door, bade him good night and locked the door against his return. Nardelli denied Carlson's account of his leaving the place with the trio and of the attack on Hedderman, stating that he returned to check the bar cash and didn't know of the attack until the next day.

Attorneys on both sides then got into a wrangle over the admission of testimony concerning a visit of Nardelli to the law firm of Misbaugh and Fickett, apparently retained retained by Hedderman after the fracas, but Judge Chalmers disallowed it saying, "You've gone all over a 600 acre patch already and I can't see the materiality of it anyhow."

Manciet Testifies

The last witness was Eddie Manciet, head waiter at the Plantation and co-defendant with Nardelll. Manciet denied any fight or attack, saying they only had words over the broken car glass. The last he saw of Hedderman, Manciet said, was after closing time when Nardelli escorted him to the rear door, closing and locked it after him, and returned to his task of checking up the bar receipts for the evening.

Hilzinger announced that the defense defense rested and Murry asked for an adjournment until the state could produce Hedderman for rebuttal testimony. Hilzinger resisted but, in the midst of the argument Judge Chalmers ended the session by ordering both defendants held to answer under bonds of $1,000.

CLUB LICENSE UP TO HEARING

Plantation's Operator Must Show Cause to Prevent Revoking

PHOENIX, Sept. 20.—(Special to Arizona Dally Star)—The fate of the Plantation, Tucson night club, rests today in the hands of the state tax commission, which will hold a hearing Monday morning at 11 o'clock on the question of revoking the liquor license of George Nardelli, nominal proprietor.

Nardelli's was among the first licenses to be issued after the repeal of prohibition. Records in the commission office show that it was applied for early in 1933, that the application was withdrawn with no reason given and that later it was re-filed. This bore the approval of Sheriff John F. Belton and was disapproved by County Attorney Clarence Houston. Houston's report had written over it a note, apparently by someone else, that he had objected because Nardelli had been convicted of a liquor charge, but had mistaken George Nardelli for his brother Bob.

Without Investigation

Licenses for 1934 and 1935 were renewals, issued without further investigation. The last was issued prior to the adoption of the new law under which applications must first be referred to either the city council or the board of supervisors.

The file on George Nardelli shows him to be a graduate of the University of Arizona and a former employe of the Phelps Dodge corporation at Morenci. There are numerous reports by tax commission investigators of visits to the place in all of which it was reported no actual violation of the law had been noted, but two of them mentioned that there was much drunkenness.

No formal complaint was made to the commission in the present case, but Chairman Thad Moore and Commissioner Frank Luke of the commission were in Tucson at the time Bob Nardelli and his bartender, Eddie Manciet, were arrested for an attack on Deputy Sheriff Maurice Hedderman. They visited the place as they drove past it on their way back to Phoenix and on arrival called a meeting of the full commission and it was voted unanimously to call the hearing.

Bob In Phoenix

Bob Nardelli did not wait for Monday, but went to Phoenix Thursday and spent considerable time closeted with Moore, but the hearing, which will be public, will be held nevertheless.

NARDELLI CASE POSTPONED BY TAX COMMISSION

Plantation Owner Charged With Sales to Drunks And Minors

LICENSE QUESTIONED

Moore Thinks Attorney Is Right in Denying Authority of Board

By FRED FINNET

PHOENIX, Sept. 23.—Split wide, asunder on the question of strict enforcement of the state liquor regulations, especially as pertaining to roadhouses and night clubs, the state tax commission is in the midst of a lengthy inquisition involving nearly 100 such. In each of these hearings, operators and proprietors of Arizona night clubs have been cited to show cause why their liquor licenses should not be revoked. Citations arise from a number of alleged violations of the liquor enforcement enforcement laws, brought for the most part by special investigators of the liquor enforcement division of the tax commission.

D. C. O'Neil, member of the commission, is backing the drive for more rigid enforcement strongly, while Chairman Thad Moore and Frank Luke, member, appear slightly disinterested.

At today’s series of hearings, that based on the citation of George Nardelli, bartender of the Plantation night club north of Tucson, was due, but was postponed indefinitely. Nardelli, his brother Robert owner of the Plantation (George Nardelli’s name appears as licensee), and Eddie Manciet, headwaiter at the Plantation, appeared at yesterday's hearing. Louis G. Whitney, Phoenix attorney, appeared for Nardelli, asking the commission for a postponement of the hearing.

Whitney made an avowal that George O. Hilzinger, Nardelli's attorney, was to be busy all this week in Pima county superior court in a lawsuit. If worst came to worst, Whitney said, and the commission insisted on having the hearing at the hour set, he would attempt to represent Nardelli, but he urged that the commission enable the liquor dispenser to be represented by his own counsel. O'Neil stated later that the Nardelli hearing probably would be reset for two weeks hence.

Faces Three Charges

Nardelli is charged with running gambling games at the Plantation, with selling liquor to disorderly and intoxicated persons and to minors, and with operating under a liquor license not issued to the real party of interest. It appears that the investigation launched by O'Neil's investigators has brought to light the fact that while the Plantation liquor license is in the name of George Nardelli, an employe, Robert Nardelli is the owner and operator of the place. It was learned also that the crux of the liquor enforcement department's case will rely on the sworn testimony testimony of the Nardellis in the recent preliminary hearing held in Tucson in the Hedderman assault case.

Whitney, in connection both with the Nardelli case and with a Phoenix night club case, filed written objections to the hearings, stating that he did not believe the tax commission had jurisdiction in these matters. Moore, in one of his few remarks during the day, said "I believe you are right.”

Throughout the day's inquisition, involving several cases, O'Neil led the questioning for the tax commission, with Chairman Moore and Member Luke remaining silent for the most part.

The second Tucson case, involving citation of Mrs. Irene Serasio, was heard shortly and taken under advisement. Mrs. Serasio was charged with conducting gambling at Venice gardens, the citation arising from Sheriff Belton's recent gambling raid. Mrs. Serasio, ill, was unable to make an appearance. A showing was made that the "gambling” conducted at Venice gardens consisted of a “chuck-a-luck” machine, from which players won candy, drinks and merchandise, but no money, and that the tax commission had licensed this machine, which had been in operation one month prior to the raid. No further showing was made by the tax commission in this case.

Nardellis Lose Plantation License by Commission Rule

George Nardelli Fails to Remember Testimony Given In Hedderman Hearing and Then, on Cross Quiz, Is Trapped by Winsett, Commission Attorney

By FRED N. FINNEY

PHOENIX, Oct. 7.—Hoisting themselves on the petard of their evidence, last September 13, in the justice court hearing on the case involving the alleged attack on Maurice Hedderman, Robert and George Nardelli, of the Plantation night club, today heard the state tax commission revoke their liquor license. The revocation, first to effect a large and influential liquor licensee in the state, came as the result of a unanimous action of the tax commission, based on charges brought against the Nardelli’s by John A. Duncan, head of the liquor enforcement bureau of the commission.

The Plantation has until Saturday night to dispose of its stock of liquors and other intoxicants, under the edict of the commission. Commission investigators, who with the support of D. C. O’Neill, commission member, worked up the case against Nardelli and the Plantation, did not appear. The sole basis for the hearing and revocation, was the transcript of testimony, offered by the Nardelli’s at the Hedderman hearing last month in Tucson.

Specifically charged with operating under a license issued to the wrong person (George Nardelli); with operating gambling in connection with a bar; and with selling liquor to intoxicated and disorderly persons; the entire hearing was based on cross-examining George and Robert Nardelli on sworn statements made at the preliminary, in connection with the state liquor laws. The brothers Nardelli were represented by George O. Hilzinger.

For Two Years

First called was George Nardelli, licensee according to the commission’s records and cited to appear. Nardelli stated that he was and had been the licensee for about two years. First stating that he owned the Plantation property, young Nardelli changed this to state that he leased it from his brother Robert. Asked to produce the lease, young Nardelli could not, stating that he had left it at Tucson. Asked definitely as to his and his brother’s capacities anent the management of the Plantation, George Nardelli explained that he was the supervisor but that his brother, Robert, was the owner.

Asked by Hilzinger if gambling was operated at the Plantation, young Nardelli stated that he had not made arrangements for any gambling. Asked if Willian Reams (fined $100 as the result of Sheriff John Bolton’s raid on the Plantation last month) operated a gambling game in the garage of the establishment, Nardelli said he did not know. Specifically, he ran the bar, Nardelli said, denying that he served liquor to intoxicated persons. Nardelli also said that he did not allow drunk or disorderly persons to remain in the place.

Completing his direct testimony, A. I. Winsett, of the attorney general’s staff and called into the hearing by the commission, took the witness for a cross examination. Winsett produced a copy of the transcript of the Hedderman hearing (upon which Robert Nardelli and Eddie Manciet stand held to trial in superior court charged with aggravated battery) and began harassing the witness with questions based on his testimony in the Tucson hearing.

Winsett Reminds Him

Young Nardelli first admitted that the lease he had mentioned had not been recorded. Winsett reminded him that, in the preliminary, under oath, he had testified that Robert Nardelli owned the Plantation. Reading from the transcript to refresh young Nardelli’s memory, Winsett obtained the admission that Robert Nardelli did own the Plantation but that he, George, leased it.

And then it began: question after question; answers elicited by Winsett from young Nardelli and refuted in the latter’s sworn testimony of the fateful preliminary hearing in Tucson last month, when the attention of the Nardelli clan was focused, not on the tax commission but on staving off a trial on assault in superior court. Pounding away, Winsett caused young Nardelli to admit that his brother did, as he swore in the hearing, run the Plantation.

Interrogated as to selling drinks to drunks, which young Nardelli denied, Winsett obtained the admission that George Nardelli thought Hedderman drunk but served him a drink: “I found out afterwards that he was drunk” the witness explained.

Finally, hopelessly entangled in his testimony at the Tucson hearing and that of today, Nardelli, who had just said he sold Hedderman a drink, declared that Hedderman was drunk when he reached the Plantation. Nardelli ended by denying the statements he made at the Tucson preliminary concerning these matters. Nardelli then stated he did not remember what he had said. And, finally, that he had spoken the truth, all to Winsett’s prodding queries.

Didn’t Know About It

Relative to gambling at the Plantation, again “helped” by Winsett and the justice court transcript, George Nardelli said he did not know just exactly what was going on in the garage, some 75 or 100 feet adjacent to the night club proper. He had never been over there, he stated, having his own business to think about. Asked by Winsett if the license was not in his name because his brother, Robert, could not receive one, George Nardelli, said, “I wouldn’t say.”

Prodded again about his testimony in Tucson that he “worked” at the Plantation, young Nardelli said, ”That is the truth, we both work there.” Winsett then stated that, as to the question of the demeanor and answers of the witness, the commission itself was a better judge than he.

Commissioner D. C. O’Neil then entered the lists, asking pertinent questions relating to income tax returns and who signed them. His brother, Robert, signed the state income tax returns, George Nardelli answered, but he, George, signed the liquor sales tax returns. George Nardelli added that, last year he did not file a state income tax return and that his brother, Robert, filed one for the business. Asked why he had not, George Nardelli stated that his brother knew more about these things.

20 Men Not Enough

Duncan then questions the witness closely about his testimony regarding Hedderman’s visit to the Plantation on the night of August 30. When Nardelli stated that Hedderman was drunk and abusive, Duncan asked why he had not been evicted. Nardelli said that he could not manage it. Duncan asked how many employes were working at the Plantation, and Nardelli said about 20. “And you couldn’t get rid of him,” Duncan asked. “We have our own business to take care of” the witness said.

Returning to the question of gambling at the Plantation, young Nardelli told Duncan that he did not know that William Ream had pleaded guilty to such charges and paid a $100 fine. Gambling was never discussed by the personnel of the Plantation, the witness said. He then added, prodded by mild questions from Duncan, that he did not know if gambling had been continued since the sheriff’s raid. Asked about his former denial, young Nardelli appeared perplexed.

He’s Qualified

“The state law,” Duncan said, “says that, to hold a liquor license, a man must be qualified to operate such a place. Do you think a man who admits he doesn’t know what’s going on at his place is qualified?” Nardelli answered “Yes.”

“Do you think a man who cannot tell a drunken person when he sees one is qualified?” Duncan persisted. “Yes,” said Nardelli.

“Do you think a man who cannot tell the difference between an adult and a juvenile is qualified?” Duncan asked. “Well, you could make a mistake,” Nardelli said.

Apparently forgetting his statement that he knew nothing about gambling at the Plantation, young Nardelli then discussed this phase with O’Neil, explaining that the gambling quarters could be reached from either the bar-side or the other side of the place. Young Nardelli then added that his brother owned the gambling room as well as the rest of the Plantation property.

“I think it is unnecessary to put on any more witnesses,” Chairman Thad Moore of the commission interjected. But Hilzinger asked to put on two more witnesses, and the commission assented. Robert Nardelli was called and testified shortly. A lease arrangement had been entered into between himself and his brother, George, Nardelli said, with the witness putting up the money for the venture. Nardelli denied he had anything to do with the gambling, nor any interest in it whatsoever. He denied that the license, in his brother’s name, was a subterfuge. Nardelli, after a series of questions from Winsett admitted that he was the owner of the Plantation saying, “I own the biggest part.”

Duncan then took up the questioning, asking Nardelli if he knew there was gambling at the Plantation. Nardelli stated that he heard that there was gambling in August, “run by a fellow by the name of Reams.” The gambling room, kitchen, bar and dance floor are all quite close together, Nardelli explained, and passage to and fro is quite easy.

Hilzinger asked Nardelli if there had been any gambling since Bolton’s raid and Nardelli answered in the negative, adding that the place had been closed.

William Reams, raidee in Belton’s visit, last month to the Plantation, and payer of a $100 fine in justice court, was the third witness summoned by Hilzinger. Reams state that he operated independently of Nardelli, acquiring the garage-like rear building at the Plantation from a Mrs. McGee of Los Angeles as temporary quarters. He had purchased some land south of the Plantation since, Reams said, but originally want to “Open up close to where the crowd was.” The place is now abandoned, Reams said. Under Duncan’s queries, Reams described the layout and stated that Nardelli “in an off-hand way” probably knew what was going on.

NARDELLI OUT ON $1500 BOND

Night Club Man Facing No License Charges On Federal Law

Robert E. Nardelli, variously troubled over the apparent lack of proper liquor licenses for his Plantation night club, was yesterday admitted to $1,500 bond on federal liquor license violation charges. Bond was made just before noon yesterday after Nardelli had been a federal prisoner since late the night before.

Specifically Nardelli is charged with unlawfully and feloniously carrying on the business of retailer in malt drinks and liquors without first having paid the special tax required by the Internal revenue laws. The charge grew out of Nardelli's loss of his state liquor license last Monday, when the state tax commission closed up his Plantation club as of next Saturday. Behind both these liquor license actions lies Nardelli's sworn testimony in a Tucson justice court hearing last September 13, when he testified that he was the owner and operator of the Plantation. It was later revealed that the liquor licenses, state and federal, had been issued in the name of George Nardelli, who, at the justice court preliminary, stated under oath that he was employed by Robert Nardelli as a bartender.

After a night in the county jail, Nardelli spent the whole morning in the office of C. Wayne Clampitt, United States commissioner, awaiting the arrival of qualified bondsmen. Clampitt fixed the night club operator's bond at $1,500 and early arrivals could not qualify. About eight different persons arrived to inquire the amount of the bond. Before noon Clampitt approved a bond signed by Otto A. Reulas and wife and Arturo Carrlllo and wife.

Through the inability of George O. Hilzinger, attorney for Nardelli to appear at the commissioner's hearing, E. T. Cusick appeared. After the hearing, which Nardelli waived, Cusick advised Nardelli not to attempt to do business at the Plantation as each opening for business would be regarded by the government as another violation of the same law. The liquor tax violation violation charge was signed by Charles E. Brown and Forrest Moore, federal liquor regulation officers.

EYE WITNESSES NAME NARDELLI AS TRIAL OPENS

Two Take Stand for State, Testify to Attack On Hedderman

JURY IS SELECTED

27 Sworn and Placed Under Ruling Barring Them From Courtroom

By FRED N. FINNEY

With two of the state's three eye witnesses through with their accounts of the alleged attack by Robert Nardelli and Eddie Manciet on Maurice T. Hedderman, Pima county civil deputy sheriff, the trial of the former owner of the Plantation night club got underway yesterday. Nardelli and Manciet, his headwaiter, are jointly charged with aggravated battery, a felony.

The morning session was needed to interrogate the jury and both the state and defense struck those not desired during the noon hour. The case is being tried before Judge Ernest W. McFarland, of the Pinal county superior court, Judge William G. Hall having been disqualified by the defense. Harry O. Juliani, chief deputy county attorney, and Odin B. Dodd, retained by Hedderman as special prosecutor, are representing the state. George O. Hilzinger and E. T. Cusick are defending Nardelli.

The charges of aggravated battery arose, according to the state's charge, early on the morning of August 31, when Nardelli and Manciet attacked Hedderman without provocation as the latter and two friends were leaving the Plantation after a short visit.

With 11 state's witnesses and 18 defense witnesses called, sworn and placed "under the rule" (that is, excluded from the court room) the trial got under way yesterday afternoon with Hedderman the first witness called by the state.

A graduate of Stanford and the University of Arizona law school, Hedderman testified that he has been employed as a deputy sheriff since January, 1933. On the morning in question, the officer stated, he, Mrs. Jean Bridwell and his house guest, Raymond Carlson, arrived arrived at the Plantation about 12:35 or 12:40 o'clock. Parking their car in the rear of the main building at the resort, Hedderman stated that the trio entered the building through a passage-way which passes the kitchen and thus into the bar room. Nardelli was standing by the bar, Hedderman said, and he started to talk to him when a youth came up and asked him (Hedderman) what was the matter with the sheriffs office. The youth stated that the place was run by crooks, Hedderman testified, adding that a "Crooked game was being run out there." Hedderman told the youth to come to the sheriff's office the next morning and he (Hedderman) would conduct the youth to the county attorney where he might sign a complaint against the Plantation if he so chose. Nardelli, who listened, walked away, Hedderman stated.

Mumbling

A few moments later, the witness said, Wallace Holliday, a waiter, and Manciet came up, Holliday saying something to Manciet and the latter mumbling. Appearing extremely excited, Manciet mumbled something at him, the witness said, when Nardelli walked up and asked "Whats the trouble?" Hedderman stated that he replied that he did not know, but that it appeared to be something about a glass. Nardelli spoke to Manciet and the latter walked away, still mumbling, Hedderman said.

Asking Nardelli what the fuss was about, the proprietor of the Plantation said "forget it" and invited Hedderman to have a drink. Hedderman accepted a glass of beer, he testified. They then talked for five or ten minutes, Hedderman said, Nardelli describing changes and improvements he was planning on making to the Plantation. Carlson, standing nearby with Mrs. Birdwell, then asked if they might not leave, and all started out by the rear way to Hedderman's car. Carlson and Mrs. Bridwell led, with Hedderman and Nardelli following, Nardelli's left arm slung across Hedderman's shoulders. On the way out Nardelli asked Hedderman how the political situation was shaping up, the witness stated, adding that he hoped Sheriff John Belton would be re-elected as he was the best sheriff Pima county ever had. At the car, Nardelli said good night to them, Hedderman said. Hedderman reached into his shirt pocket for the car keys and Nardelli hit him on the right side of his head "with some kind of an instrument." Out of nowhere Manciet appeared and hit him in the face, Hedderman said, adding, "it seemed like he gouged me with something, maybe a piece of pipe. I was knocked out."

Hedderman could not describe the object which he testified that Nardelli held in his hand, but appeared positive that Nardelli did hold something. He also could not account for Manciet's sudden appearance, save for being very positive of having seen him. He stated that, after being struck down, he was unconscious but had a hazy recollection of perhaps two more assailants. It was really the next day, Hedderman stated, before his mind cleared. One blow landed under his right eye, the witness stated, cutting through the flesh. Another blow was on the head, over the right ear.

Lists Injuries

The right shoulder was bruised and several front teeth knocked out. Since the attack the pupil of the right eve has enlarged to the diameter of the whole eye and he has been unable to see from this optic, Hedderman stated. This condition persisted for six or seven weeks. Recently there has been some marked improvement, and now, while the eye must be kept darkened, he can distinguish light, Hedderman said.

Under cross examination, conducted by Hilzinger, Hedderman stated that he next saw Nardelli three or four days later in the office office of William R. Misbaugh, attorney. Under rapid fire questions from Hilzinger, Hedderman denied retaining Misbaugh to sue Nardelli. The only thing said, Hedderman testified, was by Nardelli who asked Hedderman where he (Hedderman) was when he (Nardelli) hit him. Hedderman testified that he replied about 30 feet from the back door, after which Nardelli took his hat and left the attorney's office. Hedderman then denied an attempt to get money from Nardelli. He also denied that Nardelli had said that someone else had hit him.

Under a similar cross fire from Hilzinger, Hedderman denied that his physician, Dr. J. B. Littlefield, had said, three days after the fight, that his patient was getting along fine. He denied telling A. C. Gutherie, court house watchman, a day or so after the fracas that he didn't know who had hit him. (Gutherie is called as a defense witness.). To other similar questions Hedderman denied goings into the barn or garage on the rear of the Plantation premises, immediately after arriving there that night, and seeing Mike Montijo, Art Francis, Joe Dominguez and William Reams (defense witnesses).

Hedderman stated that in all, he was not at the Plantation more than 15 minutes, and that he was looking for a Bert Smith, upon whom he wished to serve a summons. Hedderman stated that he was not under the influence of liquor that evening. Prior to arrivng at the Plantation he, Mrs. Bridwell and Carlson had visited Cliff's Bungalow and the Blue Moon for short stays. At the former he had a beer, Hedderman stated, and at the latter a beer and a gin fizz—perhaps a second beer.

Near Closing Time

As he and party started to leave the Plantation, it appeared to be nearing closing time, the witness said, as the orchestra leader was so warning the guests. Prior to the attack, Nardelli was very affable. Hedderman said that he did not break a glass in any car. He added that he did not carry either gun or badge and that he had never seen Holliday before, and only since learned his name. Under additional cross examination as to former visits to the Plantation, Hedderman stated that his first trip was occasioned by a search warrant to seize slot machines, when he accompanied the then county attorney, Clarence Houston, and that he went there once with Sheriff Belton and later with Carlson.

Hilzinger then presented a bill, signed by "Hedderman" with a vague first initial, for $9.50 and dated dated January 1, 1934. Hedderman stated that the signature was not his, adding that he had worked that night at the sheriff's office and had not gone anywhere.

Raymond Carlson was next called. A class mate of Hedderman's and formerly city editor of the Miami Copper Belt, Carlson was visiting Hedderman at the time of the alleged attack and accompanied him that night to the Plantation.

Carlson stated that, after they had entered the bar room he noticed first a youth apparently of high school age, talking to Hedderman. Soon after Holliday and Manciet accosted him, Carlson said, Manciet appearing highly excited about something. Nardelli quieted the head waiter and bought them a beer. Preparing to leave shortly afterward, Carlson gave his version of the alleged attack.

Helping Mrs. Bridwell into the car, he looked across the hood and saw Manciet suddenly appear. Almost simultaneously both Nardelli and Manciet hit Hedderman and the latter fell, Carlson said. Nardelli hit Hedderman on the right side of the face or head, and Manciet hit on his back, the witness said. Running around the front of the car to lend aid, Carlson stated that both Nardelli and Manciet started kicking him and he fell when a boot found his groin. Stunned and in pain, he fell and was kicked again and again. Carlson stated that at least two others added kicks on his prostrate form. A moment later and all had disappeared.

Carlson arose and went to Hedderman whom he found unconscious and face covered with blood. With Mrs. Bridwell driving, they took Hedderman to the sheriffs office where Carlson said he left him and returned to the Plantation immediately with three deputies, Roy Manning, Gus Vasquez and Charles Velasco, being desirous of causing the arrest of their assailants.

Semi-Hysterical

He next saw Hedderman an hour later at the hospital where he was being treated by Dr. Littlefield, the witness said. Hedderman was in a semi-hysterical condition. Carlson watched over Hedderman at the latter's home throughout the night, after the doctor had finished his ministrations. Carlson also traced their activities that entire evening. They left Hedderman's home after nine o'clock, went to the sheriffs office, thence to the post office to post an airmail letter. There they encountered Mrs. Bridwell. Thence to Cliffs Bungalow, thence to the Blue Moon, after this to the Minerva cafe and lastly to the Plantation.

Under cross examination, conducted by Cusick, Carlson denied speaking in Spanish on the Plantation dance floor with Joe Domlnguez, a waiter. He stated that on arrival hearing the rattle of chips and asking Hedderman about this sound, Hedderman had said "Oh, that's the gambling." They did not go into the gambling room, however, the witness said.

Retelling the original rukus with Manciet and Holliday in the bar, Carlson stated that he went to Manciet and warned him to be careful in his conduct to Hedderman, reminding him that Hedderman was an officer. "I don't care what he is," Manciet responded, according to the witness. "He's going to pay for that glass," and, later, "I'm going to get him and I'm going to get you, too." Carlson stated that he did not know what the argument about the glass arose from.

Relating the positions of Hedderman, himself and the alleged attackers on the outside, Carlson demonstrated on his and Cusick's bodies, with Cusick saying, "O. K. but don't hit me."

Carlson stated that the attack was precipitated without warning. There was nothing untoward in Hedderman’s actions or conduct Carlson stated and he did not know that Manciet had a glass window in his car broken that night. Carlson stated that he saw no weapon or object in Nardelli's hand at the time Nardelli allegedly hit Hedderman, but did say that Manciet had some sort of an object in his hand. Carlson was not released from the stand and will be cross-examined further this morning.

Battle Assured

Significant of the fact that defense attorneys intend to put up a battle every step of the way, were many of the queries propounded to the jury panel yesterday morning, prior to final selections. Matters of possible bias and prejudice were very carefully gone into, especially by the Nardelli defense attorneys. In the instance of querying Clarence E. McElyea, member of the panel and a neighbor of the Plantation, attorneys got into a squabble when Hilzinger asked McElyea if he would be impressed by the fact that Mr. Mathews of the Arizona Daily Star wanted Nardelli to be convicted. Juliani objected to bringing in the Star, but Judge McFarland ruled that the potential juror might answer as to the Star's influence on his mind. McElyea stated that the Star, in its reports of this case, had not impressed him.

Victor Verite, university law student and close friend of Hedderman, was excused from service upon admission of bias in favor of the complaining witness, Hedderman.

An amusing incident took place early in the questioning of the panel. Hilzinger asked a series of prospective jurors if they knew Raymond Carlson, important state's witness, each time pointing to William H. Kimball, local attorney and associate of Ben C. Hill who was sitting in the court room waiting to see the judge. After having directed the attention of the court room several times to Kimball, each time eliciting smiles, Hilzinger discovered his mistake, apologized and stated that the state's witness and Kimball closely resembled each other.

The jurors who will try the Nardelli case are: Porfirio Leon, Joe A. Gonzales, Jesus M. Felix, Kenneth B. Cowart, Louis G. Bock, Charles L. Phillips, Gus P. Sutter, Willard Biggs, John Webber, Earl W. Emigh, Frank Daily and J. T. Gibbons, Jr.

Denials and Counter Charges Offered As Nardelli Defense

Defendants Take Stand in Own Behalf, Accuse Hedderman and Companions of Being Drunk and Starting Trouble; Claim Fight Never Happened

By FRED N. FINNEY

The state rested its case-in-chief yesterday noon against Robert Nardelli and attorneys for the former operator of the Plantation night club began their defense on charges of aggravated battery. Nardelli is being tried In superior court before Judge Ernest W. McFarland to a packed court room, on charges growing out of the alleged unprovoked attack on Maurice Hedderman, Pima county civil deputy sheriff, early on the morning of August 31. Eddie Manciet Plantation head waiter is a co-defendant awaiting trial.

As the state yesterday completed its case in chief and the defense got well started on its defense, the same cleavages and conflictions in testimony of states' and defense witnesses appeared as did at Nardelli's and Manciets preliminary hearing last September 13. Three state's eye witnesses, including Hedderman, stated that they arrived at the Plantation shortly after 12:30 a. m. August 31, and, after a short stay, were attacked by Nardelli and Manciet.

Yesterday afternoon eight defense witnesses stated that Hedderman, Mrs. Jean Bridwell and Raymond Carlson, his companions, arrived at the Plantation between 10 and 11 o'clock the night of August 30. Three testified that they first went to the gambling room adjacent to the Plantation and that Hedderman created a rumpus and was under the influence of liquor. Two others testified to Hedderman's breaking a rear window glass in the car of Manciet. This same twain also testified that if Hedderman received injuries at the Plantation, he did so when falling against the fender of his car, after attacking one of them. Nardelli and Manciet testified of disturbances created by Hedderman upon arrival, and of their leaving unharmed as far as they knew. Both denied absolutely laying hand on Hedderman or of having knowledge of any fight in which he participated that night or early morning.

Harry O. Juliani, deputy county attorney, and Odin B. Dodd, special prosecutor, represent the state. George O. Hilzinger and E. T. Cusick are defending Nardelli.

Carlson Returns

At the outset of yesterday morning's morning's session, Raymond Carlson was returned to the stand for further cross-examination. The day before he had corroborated Hedderman's account of the attack.

Cusick pressed questions to Carlson on the question of the time element and Carlson persisted in his original statement that they had left shortly before 1. He remembered, the witness said, because announcements of the approach of the 1 o'clock closing law were being being made and patrons being urged to get their last drinks from the bar.

Nardelli, prior to the attack, was at all times very affable with them, Carlson stated and, in the instance of the altercation brought on by Eddie Manciet's accusations, playing the role of peacemaker.

Mrs. Bridwell was next called to the stand. She stated that they were at the Plantation perhaps 15 or 20 minutes, leaving just before before the resort closed. They arrived about 12:35 or 12:30 a. m. on the morning of August 31, Mrs. Bridwell said. Prior to this they had visited the Blue Moon and the Minerva cafe. Upon arrival Mrs. Bridwell said that Manciet rushed up to Hedderman and started the altercation over broken glass in his (Manciet's) car. She and Carlson Carlson did not hear much of this as they stood in the door of the bar, watching the dancing outside.

Tells of Attack

Leaving, a short time later, Mrs. Bridwell described what she saw of the attack upon Hedderman and, later, upon Carlson. They approached the car, Mrs. Bridwell said, she and Carlson leading, Nardelli and Hedderman following. Asked where the Hedderman car was parked, the witness said "in back of the building that housed the gambling equipment."

As she stepped into the car she heard a noise like the sound of a blow. Looking out the left side of the car (she had seated herself on the right side of the front seat) Mrs. Bridwell stated that she saw Hedderman staggering back as though hit, with Nardelli standing standing in front of him. As Hedderman staggered, the witness said, three or four others including Manciet appeared suddenly, and joined the attack. They began hitting Hedderman and, when he fell, they added kicks, the witness said. Definitely, Mrs. Bridwell testified to having seen Manciet hit Hedderman and told of a third man, a slender, dark curley haired man whom she said was a waiter at the Plantation. The witness further said that she saw this man Monday among the defense witnesses, but did not know his name.

Carlson then rushed around the front of the Hedderman car to lend aid to his fallen comrade and he was hit or kicked and knocked down, she testified. Mrs. Bridwell stated that she presumed they kicked Carlson, adding that she could not see from her position in the car. She then corroborated Carlson's statements of removing Hedderman, of taking him to the sheriff's office and later to a hospital for medical treatment.

The witness ended her direct examination by stating that, since that night she did not see Hedderman again until last Sunday, nor Carlson until Monday.

Past Records

Under cross examination Hilzinger opened up on the witness by an attempt to get into the record the fact that last winter Mrs. Bridwell was involved in charges growing out of her having shot and wounded her husband. The state's attorneys promptly objected and were sustained before Hilzinger gained his admission from the witness. Juliani charged that Hilzinger was deliberately trying to prejudice Mrs. Bridwell in the eyes of the jury and asked the court to reprimand him. Juliani further asserted that if such actions were permitted he would like to give the jury Nardelli's past record.

Hedderman did not go down under under the first blow, Mrs. Bridwell said under cross examination, falling after Manciet had struck him. "How do you know there was gambling equipment in that room?" Hilzinger asked. "I was in there, twice." Mrs. Bridwell responded. The witness stated, under further questions, that neither she nor her two escorts were in the gambling room the night of the alleged attack.

At the sheriff’s office, under questions from Hilzinger, Mrs. Bridwell stated that she talked to A. C. Gutherie, court house watchman and defense witness. Gutherie asked her how the fight happened she said, but she denied telling Gutherie that she did not know who had hit Hedderman. "I told Gutherie 'they all hit him'," she said.

Dr. Dake Biddle, eye specialist, was the first of three physicians called to give medical testimony as to Hedderman's injuries and results therefrom if any. Dr. Biddle, who made four examinations of Hedderman's right eye, after having been called into the case by Dr. J. B. Littlefield, stated that the vision of that optic was impaired and the pupil enlarged.

Under cross examination, the physician stated that this condition was a secondary result of some other primary cause. He remembered vaguely an eye wound, under the optic but refused to discuss possible skull injuries. To a question of Hilzinger, Dr. Biddle stated that the eye condition was not the result of syphilis and refused to agree with some theory from some book on this matter which Hilzinger propounded to him. When Hilzinger asked the doctor if any wound so slight as the one suffered by Hedderman could have caused the eye injury, Dr. Biddle stated that a blow from a tennis ball might have caused a similar trouble.

Littlefield Called

Dr. J. B. Littlefield, called to a hospital about 1:20 a. m. August 31 to treat Hedderman's injuries, testified as to a cut under the right eye, necessitating two stitches, an abrasion and contusion behind the right ear and a bruised area on the right shoulder. The physician stated that Hedderman was incoherent and in a highly excited state. The eye wound was caused by some blunt instrument, the doctor said, but the head wound might have been caused by a fall, or a blow. It appeared like a glancing, rather than a direct blow the physician said.

The mildest effects from a head blow are concussions, Dr. Littlefield said. Such a blow could effect the eye sight, and such would produce symptoms of incoherency and excitement similar to those shown by the patient. Such a blow with concussion would also cause the sufferer to vomit, the doctor said. Under cross examination, Dr. Littlefleld admitted that liquor can also cause vomiting and incoherency. The physician also stated that he did not feel that the eye injury came from a fall.

Last of the medical witnesses for the state was Dr. Edward M. Hayden, X-ray specialist, who took X-ray pictures of Hedderman's head and translated these for the jury. The photos showed that inside the skull, above the orbit of the right eye, some disturbance had produced a compression in the fissure containing the optic nerve, the physician said. This condition, possibly a fracture, was regarded by Dr. Hayden as highly serious. In addition, Dr. Hayden stated that the inner lining of the skull had been torn, indicating a vigorous blow, and that there was evidence of internal hemorrhage.

Condition Serious

Asked what effect this injury would have on Hedderman, Dr. Hayden hesitated, said that he hated to say what he had to say in the presence of Hedderman, then said that the injury was very serious and if it progressed may cause a very delicate and difficult operation to restore normal sight.

The blow behind the ear contributed to the condition, the specialist said, adding that any blow of this character brings about a concussion, and produces symptoms similar to those of a fighter who has been knocked out, or who has become punch drunk.

In a second X-ray photo, taken some time later, Dr. Hayden stated that he had perceived no improvement in Hedderman's eye condition. Under cross examination. Dr. Biddie stated that trouble in the affected area was present, in all X-ray pictures taken and that, while the plates do not show a distinct fracture, it must be assumed that a fracture does exist.

Under re-direct examination. Dr. Hayden stated that Hedderman's particular injury was more serious than some fractures, in that it may mean a permanent impairment of the optic nerve. The scene of trouble, the fissure, has been disturbed, the doctor said, and a calcium deposit is building up within the tiny aperture, Dr. Hayden then said that he would not care to be more definite without opportunity to study and photograph the case over a period of two years. He added that Hedderman cannot recover his normal eye condition within 90 days, as Dr. Biddle opined that he could. The state then rested.

Accuses Hedderman

The first defense witness called was Miguel Montijo, who testified that he was in the gambling room, adjacent to the Plantation about 10:30 that night and that Hedderman, a man and woman, came in about 11. They stayed about five minutes and Hedderman interrupted play at the roulette wheel, the witness said.

Cursing, Hedderman grabbed the wheel, Montijo recounted, saying that he had a "million complaints" against the "joint" and could close it up if he wanted to. He charged that everyone there was a crook, Montijo said, and acted as if he were drunk. The man companion took him from the gambling room, Montijo continued, and immediately after they had left Montijo heard a crash. He stepped out, fearing that someone had run into his car. He saw a Ford car, with the rear glass knocked out and Hedderman heading for the rear door of the Plantation.

There as late as one o'clock the next morning, Montijo said, he heard nothing of a row or fight outside (where, nearby, Hedderman and two witnesses testified to the attack by Nardelli and Manciet). After he returned downtown Montijo said he saw deputy sheriffs and heard that Hedderman had been hurt.

Under cross examination, Montijo said that he had no occupation. He was a friend of Nardelli's but not an employe, he said, adding that, while he gambled at the Plantation "when I had anything to gamble with" that night he was merely a spectator. Pressed as to detail about the gambling room, Montijo said he understood the layout was operated by William Reams, not by Nardelli.

Tells of Gambling

At the time he stated that Hedderman came in, Montijo said that Joe Sweeney was dealing "21"; Art Francis was "just there" Montijo said he didn't know Francis was a gambler; Alfredo Rochin was "wheel dealer" and there, were two or three customers. Asked by Juliani if Hedderman's alleged charge that all in the place were crooks was true, Montijo said. "I don't think so."

Referring to the crash and his discovery of the broken car glass, Montijo said he did not see Hedderman break it, nor did he see anyone else in the near locality.

Pressed as to his occupation and source of income by Juliani, who was apparently trying to trap the witness into an admission that he was a gambler, Montljo stated that "I get all I collect." He mentioned mortgages and interest.

"Who owes you?" Juliani pressed. "I owe them," Montijo said.

"Then you live on the interest from your debts?" the prosecutor asked. "That's about the size of it," Montijo said.

Arthur Francis, next witness, was dealing roulette when Hedderman came into the gambling room and made the scene described first by described first by Montijo and now corroborated by Francis. "This is a crooked joint, everybody in it is crooked,” Hedderman said, according to Francis. The witness stated that Hedderman appeared drunk. Remaining at the “club rooms” until three or four that morning, Francis stated that he heard nothing of a fight on the outside. Reams had employed him there, Francis said, and he had worked at the club room since last February, his employment terminating when the club closed in September.

Under cross-examination, Francis stated that he was a miner and refused to admit he was "a well known professional gambler." "When do you mine, day time or night time?" Juliani asked, and ran into a mass of objections from the defense attorneys, who charged that Juliani's question was improper, insolent and sarcastic. "The only mine you ever worked in was this gambling house?" persisted Juliani. "Mr. Juliani, I have been working in mines since I was 14," Francis responded.

Juliani then pointed to William F. Kimball, Tucson attorney and associate of Ben C. Hill, who, Monday was mistaken for Carlson by Hilzinger, and asked Francis if that man was Carlson, the man with Hedderman. “It looks like him, yes sir.” Francis answered.

Francis denied being asked to testify against Hedderman as he had, and stated that he did not testify in the preliminary hearing and was first called as a witness last Friday.

“21” Dealer Talks Joe Sweeney, “21” dealer, was the next witness. He fully corroborated the two previous witnesses in testifying as to the alleged ruckus caused in the gambling room by Hedderman, placing the time at about 11 o’clock. He testified positively that Hedderman was under the influence of liquor.

On cross-examination, he stated that Montijo was working as an “extra” that night and “relieving us.” The room that night provided craps, “21” and roulette. Sweeney said he did not hear a crash, as of breaking glass after Hedderman left the gambling room, nor any disturbance outside shortly after one a.m. He never worked for either Nardelli nor Manciet, Sweeney stated, and never talked to any one save the attorneys about the case.

Councilman Will T. Boyd, who was a visitor to the Plantation that night in his other capacity as beer salesman, was the next witness. Boyd stated that, upon arriving about 10:30 or 11:00 p. m. that night his attention was called to a disturbance in the rear of the place, near the kitchen entrance. Manciet and a group were present and Nardelli came up and pacified all, sending Manciet about his business. Nardelli then took the remainder of the group, numbering six or seven, into the bar for a drink. Boyd stated that Hedderman was among that number.

Nardelli then telephoned the sheriff’s office, Boyd reported. The witness stated that he remained at the Plantation until closing time, and from closing time (1 o’clock) he was with Nardelli in the bar, waiting for him to check his cash and pay an account owed by Boyd.

Under cross-examination, Boyd fixed the time of Nardelli’s call to the sheriff’s office at not later than 11 o’clock. He sold beer to Nardelli, Boyd said, and at that time, expected to continue to do so. Under questions from Dodd, Boyd became slightly uncertain as to his positive identification of Hedderman as the cause of the rumpus he had described. He admitted going to Hedderman’s house about three weeks ago to see if he had been mistaken in his testimony at the preliminary hearing, positively identifying Hedderman. He admitted telling Hedderman, at the time of the call, that the man he saw at the Plantation had blond hair, but resembled him (Hedderman) in weight, height and looks. Hedderman was accompanied by a crowd of six or seven, Boyd said.

After the initial disturbance, Boyd admitted that he did not again see the man he thought was Hedderman, nor did he see any further disturbance. Pressed by Dodd, Boyd stated that he was not positive the man he referred to was Hedderman but “he thought so.” Under re-direct examination, Boyd stated “he would judge the man to be Hedderman.”

A. C. Guthrie, night watchman at the court house, was next called. After Carlson and Mrs. Bridwell had taken the injured man to the sheriff’s office and on a subsequent occasion, Guthrie testified to talking to Hedderman and Mrs. Bridwell. Mrs. Bridwell, according to the witness, said she did not know who hit Hedderman. Two days later, talking to Hedderman, the latter told him he didn’t know, “the whole gang jumped on me.”

Under cross-examination, Guthrie admitted Hedderman had said he didn’t know “who all hit me.” Asked to describe Hedderman’s condition when he first saw him at the sheriff’s office, Guthrie said his face, shirt and trousers were bloody; Hedderman couldn’t see out of his right eye, and scarcely more out of his left. Guthrie said “My God, they pretty near killed you,” and Hedderman responded, “I guess so.”

Is Ex-Bouncer

Guthrie sold Nardelli the Plantation property, he said, and from the fall of 1934 until last spring, worked there as “bouncer,” on holidays and Saturday nights.

Next witness was Wallace Holloway, waiter part time at the Plantation. The night in question he was there, but not working. Between 10 and 11 o’clock he saw Hedderman, with Carlson and Mrs. Bridwell, approaching the kitchen door to the Plantation, he testified He saw Hedderman pick up a board and strike the rear glass of Manciet’s car twice, breaking the glass. As Hedderman threw down the board and entered the door, Holloway asked him “what the idea was” and Hedderman pushed him aside and entered the bar. Holloway at once informed Manciet and pointed out Hedderman.

Holloway then testified as to the argument between Manciet and Hedderman outside over the broken glass, and of Nardelli’s pacifying all. Later, Hedderman created a ruckus in the bar room, cursing and acting wild, Holloway said.

After 1 o’clock that morning, as he and Joe Dominguez, waiter, were leaving for home, he again encountered Hedderman, Holloway said. As he passed a car parked in the areaway between the Plantation proper and the gambling room, he noted Hedderman, Mrs. Bridwell and Carlson, seated on the running board of a car. As he drew near, Hedderman jumped to his feet and cursing him as the one who told Manciet about the glass breaking incident, attacked.

Calling him a “dirty name,” Holloway testified that Hedderman swung and missed, and they grappled and fell to the ground. Carlson ran up and attempted to engage Dominguez. Both boys eluded further fisticuffs, gained their car and left, picking up another waiter, Sam Torres, owner of the car.

Neither Nardelli nor Manciet was present at this fracas, Holloway insisted, stating that he would have seen them had they been there.

Asked, under cross-examination, how much Nardelli has paid him since the Plantation was closed, Holloway said nothing. He stated that he did not see Mike Montijo there that night. Holloway also emphatically denied being told to say that Hedderman arrived at the Plantation between 10 and 11 that night.

Tells of Broken Glass

Joe Dominguez, waiter, testified to much the same story as Holloway. He was behind Hedderman coming to the bar with empty beer glasses, when he saw Hedderman grab a board and break the rear glass in Manciet’s car, he stated. Corroborating the testimony of the argument with Manciet over the glass window, Dominguez testified that, later at the bar Hedderman created a series of disturbances, grabbing him, the witness, on several occasions and charging him with telling Manciet.

This went on until closing time, with Hedderman continuing to be objectionable, Dominguez related. He then corroborated Holloway’s recount of the fight on the outside. He, Dominguez, when attacked by Carlson was hit, felled and knocked under the car, he said. “He whammed me a couple and I fell under the car.” They then made good their escape without further damage, Dominguez recounted. Hedderman and Carlson were the aggressors throughout, the witness said.

No one else was there, and had there been, he could have seen them. Dominguez ended his direct examination.

Next witness was Marie Hoffman, waitress at the Pirates Cove and a visitor at the Plantation that night. This witness positively identified Hedderman as the man she saw drunk, objectionable and abusive on the night in question. She saw him twice before midnight and once afterwards, the witness said. The last time seen was on the outside after midnight, when Hedderman was drunk, staggering and falling on one knee.

Under cross examination, Miss Hoffman stated that she was sober, and did not drink at the Plantation, was there waiting for a friend. She based her fixing of the time element on the fact that she first saw Hedderman just after the 11 o’clock floor show had ended, and she noticed him especially “because he was trying to bite his lady friend on the neck.”

Next called was Eddie Manciet, who, questioned, stated that he had no university degrees, but had been born in Tucson and lived here all his life, working for a living. Mainly a hotel clerk, Manciet stated that he has known Nardelli since 1927 and has been employed by him as head waiter at the Plantation.

Hedderman arrived on the night in question between 10:30 and 11:00 o’clock, Manciet stated, and he first knew of his presence when informed by Holloway of the breaking of glass in his car. Manciet then corroborated former testimony of defense witnesses as to the argument with Hedderman near his car and of the pacification by Nardelli who ordered him back to his work. Off and on, throughout the remainder of the evening he saw Hedderman, but they had not further words nor any trouble, Manciet said.

Later Carlson, shaking hands with him, tried to talk to him in Spanish, Manciet said. Carlson had had “quite a few drinks,” the head waiter added.

Ushers Party Out

At closing time, Nardelli ushered Hedderman and his two companions out via the rear door, latching it from the inside after their exit. Nardelli then remained in the bar for some time checking the cash, Manciet said, not leaving for an instant. At 1:30 when he left the Plantation for home, m Nardelli had already gone, the witness added.

Manciet positively denied attacking Hedderman or Carlson and made the same denial for Nardelli.

Under cross-examination, Manciet stated that he first heard of the row the next day. Mention was made of his going to the county attorney’s office to be questioned by Juliani and Sheriff Belton.

On re-direct examination, “They wanted me to tell them what happened that night,” Manciet said. “When I did, they told me to keep quiet and keep away from their office.” Asked by Hilzinger what he told them, Manciet said, “The same as I have told today.”

Manciet identified the $9.30 bar check, which he said Hedderman signed in his presence on January 1, 1934, after giving a party of friends a party at the Plantation. The court’s ruling on whether this check, which Hedderman denied signing, is to be admitted into evidence, was withheld.

Next and last witness of yesterday was the defendant, Robert E. Nardelli. Nardelli stated that Hedderman, Carlson and Mrs. Bridwell arrived at the Plantation between 10:30 and 11:00 o’clock that night. His first attention was called by the ruckus in the rear over the broken glass. He quieted all, sent Manciet about his work, and invited Hedderman in for a friendly drink. Hedderman ordered a gin fizz, he (Nardelli) gave the bartender a wink, and Hedderman got lemonade, Nardelli said. Hedderman was “kind of wobbly,” Nardelli said, and appeared to have been drinking.

Quotes Manning

Thence on, throughout the evening, Hedderman was “out of line,” Nardelli said, and up to 1 o’clock needed constant attention and quieting down. Close to 11 o’clock he telephoned the sheriff’s office asking for an officer to quell some trouble, the defendant testified. Deputy Roy Manning answered about 1:15 or 1:20 a. m. and Nardelli told him the offenders had left. Asked by Manning who they were, Nardelli said he started to describe the disturbance when Manning laughed and said, “it sounds like Hedderman.”

“it was,” Nardelli testified he replied.

At 1 o’clock closing time Hedderman wanted another drink, which was denied, Nardelli said. Hedderman then demanded a bottle of whiskey which was also denied. Nardelli said he then urged Hedderman to the rear entrance, saw him out and latched the door after him, returning to check the bar cash.

As he checked the cash, Nardelli said he talked to Boyd and Mrs. Boyd and did not leave the bar room until this task was completed. He did not see Hedderman again that evening, was not near Hedderman’s car, and absolutely denied striking or assaulting Hedderman, denying similarly for Manciet. Nardelli then denied ever threatening Hedderman, stating that he merely tried to pacify him. Nardelli denied instructing anyone else to go after Hedderman and stated that the first he heard of Hedderman’s injuries was the following Tuesday when William R. Misbaugh, attorney, asked him to come to his office.

Hedderman was produced, Nardelli said, and Misbaugh told him (Nardelli) that Hedderman wanted to sue him for hitting him. Misbaugh laughed in delivering the message, the defendant said. Hedderman then told him he would like to receive payment for his injuries, Nardelli testified. Asking Hedderman, “Are you suing me?” Hedderman replied, “I’m going to,” Nardelli said. Nardelli then related that Hedderman said he (Nardelli) must have hit him as he had had his arm about his (Hedderman’s) shoulder just before the attack.

Under cross-examination, conducted by Juliani, Nardelli denied making a statement in the presence of Juliani and A. H. Murchison, deputy sheriff, that he heard of the attack on Hedderman the same day it happened.

Juliani then pressed question after question at Nardelli attempting to extract statements as to the defendants’ past activities and businesses. Nardelli stated that he had had a wholesale business, a hotel and various other businesses.

Juliani: “What is your general occupation?”

Nardelli: “Business.”

Juliani: “The truth is, it is bootlegging and gambling.”

Juliani: “The truth is you have been convicted of bootlegging five times, haven’t you?” Vigorous objection of Hilzinger was sustained by the court and the jury told to disregard this question. Nardelli, still pressed by the prosecutor, denied that his general occupation was bootlegging “as long as it wasn’t proven.”

“Well, you were bootlegging, whether it was proven or not,” persisted Juliani.

Nardelli denied Hedderman’s statement on the stand that, immediately after reaching the bar at the Plantation, a high school boy had approached him and made a charge of gambling. He stated that he did not see Hedderman break the glass in Manciet’s car, as charged by the two waiters. Stating that he had known Hedderman for two years, Nardelli denied telling Deputy Manning that Mickey Nolan, city motorcycle officer was the man who caused the trouble at the Plantation that night.

Nardelli then denied telling Manning that he saw Hedderman break the glass. Asked of he discharged Holloway after the alleged fight with Hedderman, Nardelli denied this action, saying that Holloway was an extra waiter, subject to call.

Carlson and Mrs. Bridwell were “happy” that night, Nardelli said, and Hedderman owes him money. Nardelli recalled that, previously, Hedderman had come to the Plantation with a search warrant to pick up some slot machines, “but not mine,” Nardelli hastened to add. Prior to this raid he had known the officer, remembering him in the days when he was a county motorcycle officer. Nardelli’s examination had not been concluded when yesterday’s session ended.

‘NOT GUILTY’ SAYS JURY FOR NARDELLI

NIGHT CLUB MAN FREE OF CHARGE MADE BY DEPUTY

Jury Returns at 8:45 o'Clock With Its Unanimous Verdict

MANY WATCH CASE

Highly Conflicting and Varied Stories Told By Witnesses

Robert E. Nardelli, night club operator, was found not guilty of aggravated battery against Maurice Hedderman, Pima county civil deputy sheriff, when the jury in the case returned to the courtroom courtroom last night at 8:45 o'clock.

The jury had been out since 3:20 o'clock in the afternoon.

As Judge E. W. McFarland of Florence, presiding in place of Judge William G. Hall, asked the foreman of the jury the question, "Have you reached a verdict?" Nardelli and his wife watched from the front row of the benches In the courtroom.

Louis Boch, the foreman, answered: "We have, your honor," and handed the verdict to Mrs. Lenna Burges, clerk of court, who read the formal preliminary to the words "not guilty." On request of the deputy county attorney, Harry Juliani, the jury was polled and unanimously approved the verdict.

Nardelli, smiling broadly, arose and, as the jury left the box, shook hands with one member, then stepped over and placed his arm around the shoulders of Sheriff John Belton, superior officer of the deputy he was accused of having attacked. He shook hands with the officer and then accompanied him down the corridor away from the courtroom.

Trial of the charges against Nardelli, which occasioned great interest, grew out of the state's charge that he and his head waiter, Eddie Manciet, precipitated an unprovoked attack upon Hedderman early in the morning of Saturday, August 31, as Hedderman and two friends were leaving the Plantation.

The three-day trial brought out a prosecution case and a defense case which probably are unparalleled locally in the divergence of the testimony. At no point did the state's and defendant's cases coincide. Hedderman and his companions, Mrs. Jean Bridwell and Raymond Carlson, stated they arrived at the Plantation about 12:30 a. m. August 31, remaining until shortly before one o'clock when they set out to leave. In the rear parking yard they were attacked, Hedderman receiving a severe beating about the head by Nardelli and Manciet, with others unidentified, adding kicks, it was claimed. Carlson Carlson was kicked and rendered momentarily hors de combat with a blow in the groin. All disappeared, and Hedderman's friends took him to the sheriff's office and later he was taken to a local hospital.

Prior to arriving at the Plantation, the state brought forth witnesses to show that Hedderman and party were at the Blue Moon and, shortly after midnight, downtown on Congress street.

Contrariwise, the defense with a number of witnesses, testified that Hedderman and his guests arrived at the Plantation between 10 and eleven o'clock that night; were drunk and disorderly and a constant source of disturbance; were finally excluded at closing time.

Later, about 1:30 a. m., according to two Plantation waiters, as they were leaving for their homes, Hedderman and later Carlson, accosted them and a scuffle alongside Hedderman’s car ensued. Hedderman and Wallace Holloway, the man he is said to have attached by the defense, fell to the ground. Both waiters disengaged themselves from the tangle and left. That was all.

Nardelli on Stand

When the morning session started, Nardelli was again on the witness stand for continued cross examination. With the transcript of Nardelli’s testimony at the September 13 preliminary hearing before him, Juliani pounded away at the defendant, bringing out a series of confections or refutations between the September testimony and that offered by Nardelli Tuesday and yesterday morning.

Recalling to the witness the statement made Tuesday that he had known Hedderman for a couple of years, and especially since the time he raided slot machines at the Plantation, Juliani referred to Nardelli’s preliminary hearing testimony wherein he said he knew Hedderman was a “speed cop”, but didn’t know whether he worked for the city or county. Nardelli ultimately said that oftentimes city officers carry deputy commissions, and added “I knew he was an officer.”

Juliani then pounded the defendant on alleged confections in his testimony relating to his conversation with Deputy Roy Manning, who answered a call to the Plantation early on the morning of August 31. According to Nardelli’s testimony at the preliminary, he told Manning two or three kids had gotten drunk and raised a fuss, but later had gone home. Again, Juliani found conflicts in Nardelli’s statements as to when he first learned that Hedderman had been injured; early the same morning at the preliminary and not until the following Tuesday, at the trial.

Finishing with Nardelli, the defense rested its case.

The state then called seven rebuttal witnesses, principally to establish time elements in question and to show that, up to the time he said he got to the Plantation early on the morning of August 31, Hedderman had been elsewhere. Other than an attempt to show that these witnesses were friendly to Hedderman, defense counsel made no attempt to discredit this line of testimony.

Martin Sets Time

Jerry Martin, deputy sheriff, was the first of the rebuttal witnesses for the state. He testified to relieving Deputy Roy Manning at the sheriff’s office telephone at 12:30 a. m. August 31, so that Manning could get some lunch. About 12:40 a. m. the telephone call from Nardelli came in, Martin said. This was the only telephone call from Nardelli that night, Martin added (Nardelli and Will T. Boyd testified that the call was made at 11:00 o’clock that night).

“This is Bob,” Nardelli’s voice said over the phone, the officer testified. “One of your boys is out here raising hell. You’d better come out.” Asking who it was creating the disturbance, Martin state that Nardelli replied “Mickey.”

“There’s no one in this office named Mickey,” Martin replied.

“It’s Mickey Nolan,” Nardelli explained over the phone, Martin testified. Stating to Nardelli that he would send someone out, Martin testified that he told Manning to go, when the latter called in a few moments later.

Under cross examination Martin stated that Manning went on the Plantation call about 12:50 a. m. He made no note of the call on the blotter, Martin said, and to a series of questions from Hilzinger, stated that calls were not always noted on the blotter. “In other words,” Hilzinger said, “you not down all calls except bar fights.”

A. H. Murchison, deputy sheriff, was produced to give an account of a conversation between Juliani and Nardelli, during the former’s investigation of the case and covering the Nardelli’s denial on the stand, Tuesday, that he told the county prosecutor he heard about the Hedderman row about 3 o’clock Saturday morning. (Nardelli had stated on the stand he didn’t learn of the affair until the following Tuesday.)

Successful objections of the defense prevented Murchison from retelling the conversation and then taking the officer on cross examination, Cusick asked Murchison to repeat the conversation alluded to by Juliani. Insisting on the exact words, if Murchison remembered them, the officer stated that Nardelli told Juliani he had first learned of the injuries to Hedderman upon his return to the Plantation about 3 or 3:30 that same morning, after a trip to town for breakfast.

That, Murchison stated, was all he remembered specifically of the conversation. Under continued questioning from Cusick, the officer admitted making weekly visits to the Plantation as a deputy and to working there and being paid by Nardelli. The court refused to permit questions along this line.

Manning Testifies

Next was Deputy Roy Manning, the officer who answered the call to the Plantation. He arrived between 1:15 and 1:25, the officer said, seeing Manciet and, a moment later, Nardelli. Over strenuous objections of the defense, Manning testified that, upon asking Nardelli what the trouble was, the night club proprietor told him nothing, that everybody was satisfied and he was sorry Manning had been put to the trouble of the call.

Goining into detail, Manning stated that Nardelli told him that Mickey Nolan had been out there, drunk and “raising hell”; that he had broken a glass in Manciet’s car. Manning then testified that Nardelli took him to the car and demonstrated how Nolan had broken the glass.

Manning further testified that there was not a call to the sheriff’s office from Nardelli prior to 12:30 o’clock Saturday morning, at which time he went to lunch. He had been on the desk phone at the sheriff’s office from 9:30 that evening, the officer stated.

Under cross examination Manning added the fact that, when Nardelli told him of the disturbance raised by Mickey Nolan, he (Manning) told Nardelli that it could not have been Nolan as he had just seen him downtown on duty on Congress street. Nardelli then asked of the sheriff had a man named “Morris” and Manning said no one was employed by that name. Nardelli asked then who was the man who formerly rode on a motorcycle with Shinn, and Manning replied “Hedderman.” “That’s the — — —“ Nardelli answered, Manning said.

Followed Samuel M. Patullo, proprietor of the Blue Moon. This witness stated that Hedderman, Carlson and Mrs. Bridwell came to the Blue Moon that night around ten and did not leave until after midnight, after the dance hall had closed.

Under cross examination, Patullo stated that he didn’t know Nardelli. He admitted that he, E. C. Jacobs (Riverdale dance hall) and Ed Wetmore (Wetmore’s) had discussed a petition to get the Plantation closed, but denied ever circulating such.

Mrs. Patullo followed, giving similar testimony about the visit and stay at the Blue Moon of Hedderman and his party. Also did Mrs. Billie Hudgel testify similarly. All agreed that Hedderman was there from about 10:30 at the latest until after midnight.

Ora Shinn, Former motorcycle deputy with Hedderman, next testified that he saw Hedderman and his party in front of the Minerva cafe between midnight and 12:30 a. m. Under cross examination Shinn stated that he had been a brother officer with Hedderman for over two years and that they had mutual interests.

The state then rested.

Nardelli Denies It

The defense recalled Nardelli who denied positively mentioning Mickey Nolan’s name to Manning. Nardelli added that he knew Nolan.

The defense next call James E. Abbott, undersheriff, to show that no note on the sheriff’s blotter of the Plantation call had been made. The defense then rested at 11:10 yesterday morning.

Odin B. Dodd, special prosecutor, opened for the state. Dodd asked the jury to lay aside any prejudice or bias against either Hedderman or Nardelli, and consider only the hard, cold facts of this case. The defense, Dodd charged, injected prejudice in the case against Hedderman simply on the grounds that he was an officer.

Dodd then quietly informed the jury that they must either believe the state’s witnesses or the defense witnesses—that there was not other course open to them. So widely divergent was the conflicting testimony, so impossible to reconcile, they must determine that one side told the truth and that the other side did not.

Dodd then outlined and analyzed the state’s case, declaring it to be coherent, logical and plausible. He dwelt at considerable length on the time element and challenged the jury to find reason or credulity in the defense’s counter story of the time element.

Nardelli’s own story Dodd characterized an “impossibility” and ended by supplying a motive for the attack: Nardelli’s dislike of Hedderman.

First to argue was Cusick, for the defense. The attorney pleaded with the jury to leave off with bias and prejudice and to consider the facts presented only in the light of facts. He then told the jury that there was some significance connected with the presence of Odin B. Dodd, former deputy county attorney, in this case as special prosecutor.

Summarizing the defense testimony, Cusick reminded the jury that the frequent allusions to gambling at the Plantation had no connection with this case, nor had Nardelli, by all showings made, anything to do with it. Touching on the state’s charge of assault, Cusick stated that it was hard to believe that Nardelli, shown throughout the testimony as a peacemaker, had figured in such an action.

Cusick then attacked Hedderman’s statements that Nardelli was his attacker, stating that had he been sure, Misbaugh and Pickett would be in the courtroom, not Dodd. With great enthusiasm, Cusick contended, all the state’s witnesses had combined to pave the way, via this prosecution, for a damage suit against Nardelli.

Much Invective

Followed Hilzinger, who featured a stream of invective directed at all the state’s witnesses, The Arizona Daily Star and deputy sheriffs in general. Specifically, Hilzinger told of a number he had convicted of high crimes some 20 years ago when he served Pima county as prosecuting attorney. The state’s case, the attorney said, was a story concocted, but not concocted very well.

In this case, Hilzinger continued, the county attorney surrendered his prosecuting functions in allowing Odin B. Dodd to conduct and direct the prosecution. He charged that this was to further the private vengeance of Hedderman, who, if conviction followed, would have paved the way for a damage suit against Nardelli. None of the others could pay for a damage suit, hence Nardelli, Hilzinger charged.

As Hilzinger got well into his diatribe on deputy sheriffs, Juliani objected for the state and the court directed the arguing attorney to remain within the fact situation of this case.

Juliani closed for the state. Arguments of defense counsel with their diatribe, ridicule of what respectable people hold dear was a “smoke screen,” Juliani charged. “The only ones to escape are the bootleggers and gamblers,” Juliani told the jury. “These he would have you believe and glorify. Abolish the offices of the police and the sheriff and let the satrap of the Plantation run the town.”

Later the deputy county attorney said: “Can Nardelli commit an assault and get away with it? Acquit him and you will win the applause of the underworld.”

Touching on the cleavage between the state witnesses’ testimony and that of the defense, Juliani stated that no single defense witness had testified save those attached to Nardelli. Will T. Boyd, brightest spot in the defense list of witnesses, according to Juliani, slipped in the last analysis by becoming uncertain in his identification of Hedderman as prime disturber at the Plantation, and this was not a credible witness. All were connected with the “lord of the Plantation,” Juliani charged.

Asking the jury why the attack on Hedderman had been made, Juliani answered his own question: “Because Hedderman had been a thorn in his side.” Characterizing the whole defense skein of testimony as “an improbability,” Juliani asked for a verdict of guilty.

NARDELLI FREED OF U.S. CHARGE

Pays Cash Penalty for Operating Without Federal License

Robert T. Nardelli, former Tucson night club operator, was freed from the toils of the law last night after federal prosecutors informed U. S. District Judge Albert M. Sames that a compromise settlement had been made with the government.

Nardelli, who was indicted some months ago on charges of operating without the proper license, was scheduled to face trial yesterday, but the case was stricken from the court calendar on motion of the district attorney.

Prosecutors announced that Nardelli had agreed to the compromise, which was approved by Frank E. Flynn, U. S. district attorney for ARizona, and John P. Dougherty, his assistant.

The charge specifically accused Nardelli, whose activities as operator of the Plantation night club resulted in a series of court actions, of not having complied with the federal statutes regarding liquor licenses.

The night club owner, whose state liquor license was revoked some months ago, has been at liberty on bond since an indictment against him was returned by a federal grand jury last November. He was arrested several months prior to that time by federal liquor officers.

It was understood here that Nardelli had agreed to pay a cash penalty to the government.

Federal officials have expressed the belief that the case against Nardelli was of a minor character. Numerous other liquor dealers in Tucson have been cited for similar offenses and have been released after paying compromise penalties.