The Boston Globe from Boston, Massachusetts • Page 3

Tha Boston Globe Thursday, May 15, 1969 Witness in Brink's Case in Protective Custody BRINK'S Continued from Page 1 Kelley was acquitted in November, 1967, with one other defendant in the mail hijacking, the nation's largest cash robbery. has been placed in protective custody. The witness reportedly spent more than two hours before the jury, and shortly before the indictments were returned, several detectives and FBI men were seen entering the jury room. Immediately after the indictments were returned to Superior Court Judge Rue-ben Lurie, the roundup was begun by Det. John F.

Doyle chief of Dist. Atty. Garrett H. Byrne's detectives. After being booked and fingerprinted at Boston Police Headquarters, Cresta and Domenico were ar raigned before Judge Lurie.

Asst. Dist. Atty's. Lawrence Cameron and John McAuliffe recommended bail of $250,000 apiece. Cameron told the court such high bail was being asked because the robbery involved $1 million $42,802 in cash and $526,147 in checks.

It was the first indication that the amount of checks may have been that high. Counsel for the two defendants, Chester Paris, asked for a conference in the judge's chambers, stating that he wanted to argue for lower bail privately because of the great publicity attached to the case. Judge Lurie set bail at $250,000 for each man following the conference and granted Paris 30 days in which to file motions for reduction in bail. The two defendants were then taken to Charles Street Jail. Court had closed by the time Kelley was booked and fingerprinted, and he was taken to the jail to await arraignment in the morning.

He was hustled out of police headquarters by two detectives and driven off in an unmarked car. Kelley was dressed in a red sports jack- et and dark slacks, and was wearing' a jaunty pork-pie straw hat. His craggy, hawk-nosed face was emotionless in the glare of photographers' flash bulbs. That face played a central role in the mail robbery trial. Several witnesses had said Kelley and the other defendant were at or near the scene of the holdup on Rte.

3 in Plymouth the night of Aug. 14, 1962. There was much testimony centering on the shape of Kelley's nose compared to the man seen the night of the robbery. But the plausibility of the government's witnesses was virtually demolished by defense attorneys Joseph Balliro and F. Lee Bailey, who demonstrated how unlikely it would be to remember a person's face glimpsed brief, ly from a passing vehicle five years earlier.

Still a mystery in the mail robbery case is the whereabouts of the third defendant, Thomas R. Richards, 42, of Weymouth, who failed to appear the day the trial opened. The Brink's holdup last Dec, 28 on Canal st North End, amounted to $542,802 in cash and approximately $300,000 in checks which were later recovered. The Grand Jury began receiving testimony in the case last week. Much of it came from an unidentified witness, Who, with his family.

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Keating said yesterday the June-July schedule has the greatest number of murder trials on tap for one month in the court's history. He said he has isued a jury call for 20 times the number usually required to impanel juries. Ordinarily 75 jurors are available for July. Keating has asked for listings of 1500 for the 11 trials. used by another jury also considering a first-degree murder case.

The defendant whose murder trial now will have to be rescheduled and retried was Edward E. Monroe, 35, of Codman Roxbury, charged with a South End shotgun slaying last Nov. 10. Monroe, accused of killing Jerry Baker of 502 Columbus South End, following an argument, was remanded to the Charles street Jail where he is being held without bail. His mistrial in addition to doubling the cost to the county also will add to an A mistrial was called in a Suffolk Superior Court first degree murder trial early yesterday no sleeping accommodations could be found in Greater Boston for the 12-member jury deliberating the case.

Judge Henry M. Lecn declared the mistrial at 1:45 a.m. after the 10 men and two women pondering the case tince 1 p.m. couldn't reach a verdict. Earlier, the judge had asked the jurors to continue their deliberations after court personnel reported the best they could do on overnight accommodations was at a Fall River motel, 49 miles away.

Deputy sheriffs attached to the court said Boston area hotels and motels reported an inability to provide rooms because of conventions and other activities. 41 une cunvenuun wie Spring Joint Computer Conference at the War Memorial Auditorium alone has brought 20,000 visitors into Boston, officials estimated. Judge Leen noted the jurors had not been locked up during the six-day trial. He said he felt perhaps they could reach a verdict after getting a night's sleep. "I always thought computers were going to reduce the number of people," he said.

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