Weldon

A motion was made by the defendant to suppress the admission into evidence of certain articles of property hereinafter described. The motion was filed shortly before the trial of the case, and counsel then stipulated that they would also rely upon affidavits, briefs and appeal briefs filed in connection with previous motions directed to the suppression of these same articles, which motions had 'been previously denied in other proceedings.

The Court had not sufficient opportunity to study the present motion prior to the beginning of the trial, and instructed the United States Attorney to proceed with his proof, but to refrain from introducing, for the time being, any evidence connected with the property which was the subject of the motion. Later in the trial, we announced that we would hear testimony on the motion, and this was done, outside of the presence of the jury. F. B. I. agents Martindale and Flack testified they would adhere to the matters stated in their affidavits, as did Mr. and Mrs. Weldon, although agents Martindale and Flack testified in addition, as did attorney Davis. After hearing oral testimony, we denied the motion to suppress insofar as it pertained to all the…