United States v. Reid (49 F. Supp. 313, 1943)

DAWKINS, District Judge.

On January 20, 1943, defendant was convicted of the charge of threatening the life of the President in violation of, 18 U.S.C.A. § 89. A motion for a new trial was filed January 23, which, in effect, alleged that the verdict was contrary to the law and the evidence in view of rulings made in the case. On February 18, another motion for new trial was filed upon grounds of newly discovered evidence. The latter recites that Cecil O. Flummer and Harris E. Reynolds, prisoners confined in the Alabama state penitentiary, would testify that Ben Head, one of the government witnesses at the trial, “shortly after the first trip that Head made to Louisiana”, stated that he, Head, and the latter’s wife were going to “frame” Reid and send him to the penitentiary. The motion alleged further that Fannie Lou Head, wife of Ben Head, also a vital witness for the prosecution, had sworn that she saw in Reid’s possession a cloth or scarf bearing German swastikas; and since the trial this cloth had been found and is attached to the motion for a new trial. Also attached thereto are affidavits of Flummer and Reynolds, as well as one by Charles A. O’Neill, Jr., the latter stating that he 'had gone to the home of Reid in the city of New Orleans with the latter’s wife and found the cloth or scarf; a letter addressed to one of the judges of this court dated January 24th, signed merely with initials, which enclosed another smaller sealed envelope, which the sender asked the judge to have “delivered to Mr. Reid or his trial attorneys”. This was done. The last mentioned letter was addressed to “W. T. Reid” and reads as follows:

“This letter will no doubt be a surprise to you and your attorney. Not knowing your attorney’s name I am taking the privilege of writing you. I believe the information I have will be useful to you. I am a prisoner confined at Kilby prison, Montg. Ala. I have been very close connected with “Ben Head”, a witness, who recently appeared against you in Federal . Court. Ben told me and one more man how he and his wife was going to (Frame) you. I could tell you a lot about Ben and your case, since I have found Ben to be such a dirty double crossing rat, I am willing to help you in any way I can. I am sure we hold information that will get you a new trial. This may seem funny to you but being prisoners we know what it is to be in prison, more so if you are innocent. We will give the information we have freely, and will not accept pay or reward. I believe it will be worth your while t