Berrett-Molway Trial: 1934

Then, testified Ford, Molway asked about two men he saw out in the parking lot. He was told they were bill posters. "We'll leave them there," said Molway. But presently Molway saw bill poster Sumner coming into the lobby. "Head him off," he ordered. Sumner was beaten with a gun butt, said Ford, then shot after he had been felled.

When assistant manager Stephen Bresnahan arrived, he was forced to open the safe. The robbers emptied it, took the manager's wallet (which contained $4), locked the 10 Paramount employees in a cloakroom, and departed.

Seven other eyewitnesses corroborated Ford's identification of Berrett and Molway as the robbers and murderers. One, Leo Donahue, pounded the rail of the witness box with his closed fist as he shouted, "I absolutely identify them as the men who held up the Paramount Theatre."

Prosecution and defense had rested and final arguments in the case were scheduled for Monday when defense attorney Flynn, in Judge Hammond's chambers, informed the court that the defense intended to show that the persons who committed the Lynn murder had committed similar holdups and murders recently in Needham and in Fitchburg, and had been convicted in Needham. The judge said he was not going to try the Needham and Fitchburg cases at this trial. Flynn pointed out that shells found at each site proved that a gun used at Lynn had been used earlier at Fitchburg.

Instead of final arguments, prosecutor Cregg asked the judge to reopen the evidence. Paramount Assistant Manager Bresnahan took the stand.

Question: Mr. Bresnahan, were you in Dedham with me today?

Answer: I was.

Question: There you were shown a defendant connected with the Needham holdup?

Answer: Yes, sir.

Question: You were shown certain statements and pictures?

Answer: Yes, sir.

Question: And as a result of what you were shown, you desire to make a statement to the jury?

Answer: I do. As a result of the pictures and statements shown me today at Dedham I feel sure that these two defendants were not at the theatre that morning.

Next, janitor Leo Donahue refuted in one minute the eyewitness testimony that, with pounding fists, he had taken nearly a full trial day to tell.

While he had taken all eight eyewitnesses to Dedham, Cregg spared the six others this moment of embarrassment. He moved for a directed verdict of not guilty. The defense made the same motion. The judge made notes for a full minute, then addressed the jury:

It may surprise you, Mr. Foreman and jury, to learn that you have agreed upon your verdict. I instruct you now that as the names are read by the clerk you will return verdicts of not guilty.

"Not guilty," said each juror in turn. The judge then ordered the defendants released from their cage. As the taxi drivers rushed into the arms of families and friends, prosecutor Cregg released a full confession to the Lynn holdup and murder by one Abraham Faber, along with photographs of two members of his gang who could easily have been mistaken for Louis Berrett and Clement Molway.