United States. Congress. Senate. Select Committee.

Investigation of improper activities in the labor or management field. Hearings before the Select Committee on Improper Activities in the Labor or Management Field (Volume pt. 54) online

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had, of course, funded everything that I had received. I called


him and he told me that liartone would be the man I would be
responsible to.

So I clarified this with Bartone and he said to disrej^ard any con-
versations with other people, such as Dranow and the rest of them.

Mr. Kennedy. This is during the period of time, Mr. Hamilton,
that Mr. Bartone was playing still such a major role.

Did you ultimately make arrangements to fly the plane to Cuba ?

Mr. Hamilton. Yes. We quoted the time that it would require to
prepare the aircraft and get an adequate crew together. This is a
very large airplane.

Mr. Kennedy. I don't want to go into all the details.

Mr. Hamilton. Right. I had to get the crew together.

Mr. Kennedy. Mr. Juliani, did you fly it to Cuba ?

Mr. Juliani. I went along on the flight ; yes, sir.

Mr. Kennedy. When you arrived in Cuba — in Havana, Cuba —
who met you at that time ?

Mr. Juliani. There was a very large crowd at the military field
there. The four Americans that met us were Mr. Naiman, Mr. Bar-
tone, Mr. Dranow, and Mr. Triscaro.

Mr. Kennedy. What occurred after that ? You left the plane there,
did you?

Mr. Juliani. Yes, we did.

Mr. Kennedy. Who was the contact from the Cuban Government ?

Mr. Juliani. Mr. Bartone seemed to be the man who was the con-
tact there.

Mr. Kennedy. With whom was he in contact with in Cuba?

Mr. Juliani. Well, specifically he seemed to have very close con-
tacts with William Morgan, who was a leader of the rebels.

Mr. Kennedy. Wliat is his name ?

Mr. Juliani. William Morgan. I believe it is William Morgan.

Mr. Kennedy. Did you understand Mr. Morgan originally had come
from Cleveland?

Mr. Juliani. I don't know Cleveland. I had understood that he
was from Ohio, I think.

Mr. Kennedy. Toledo? I guess it was Toledo.

Mr. Juliani. I think that is it.

Mr. Kennedy. Had he formerly worked for ]\Ir. Bartone as a

INIr. Juliani. He told me that he had worked for Bartone in years

Mr. Kennedy. And he was head of the provincial police in Cuba,
was he?

Mr. Juliani. At that time it was rather confused in Cuba. I don't
know what he was the head of, except that he had a band of follow-
ers and that was a pretty big office in itself in that period.

Mr. Kennedy. Do we have any background on Mr. Morgan ?


Mr. May. Yes, sir. He is a major in the Cuban Army.
Mr. Kennedy. That is the highest rank, is it?

Mr. May. Yes, sir. We have a criminal record on Mr. INIorgan show-
ing four arrests, convictions for — he was convicted on May IS, 1948,


robbery, Article of War 6993, for which he received 5 years; February
18, 1949, robbery and escaped, sentenced to 3 years; April 22, 1949,
robbery and escape, 5 years.

Mr, Kennedy. Evidently, while he was in jail, he escaped and com-
mitted robbery again and escaped again and committed robbery; is
that correct ?

Mr. May. Apparently so.



Mr. Kennedy. Mr. Hamilton, you left the plane in Cuba; is
that right?

Mr. Hamilton, That is correct.

Mr. Kennedy. Mr. Juliani ?

Mr. JuLiANi. Yes.

Mr. Kennedy. You, yourself, flew back to Miami ?

Mr. Juliani. Yes, and then back to Tucson.

Mr. Kennedy. Do you know what arrangements were made finally
to get the plane from Cuba back to Miami ?

Mr. Hamilton. Our responsibility, or my company's responsibility,
was to see that the aircraft was returned, as I had made the arrange-
ments to take the aircraft out of the country on a temporary sojourn;
and you, of course, have to bring an aircraft that is out of the country
on a temporary sojourn back within 6 months from the time of

So, as we had prepared the temporary sojourn, it was our responsi-
bility to see that it came back. Later on I advised Mr. Naiman of this
fact and they secured a crew in Miami, Fla., and brought the airplane
back to Miami International.

Mr. Kennedy. Mr. Bartone contacted you subsequently about tak-
ing the plane and making an exhibition flight through south America ?

Mr. Hamilton. That is correct.

Mr. Kennedy. The next thing you heard was that Mr. Bartone
had been arrested ?

Mr. Hamilton. That is right.

Mr. Kennedy. Mr. Juliani, while you were in Cuba, did Mr. Bar-
tone speak to you about obtaining prices on military armaments and
military equipment for planes ?

Mr. Juliani. Yes, he did.

Mr. Kennedy. What sort of things did he want ?

Mr. Juliani. Well, he was very interested in all the various types
of military aircraft that are in storage in Tucson, and wanted to have
me furnish him information as to the various types and usages of the
various machines that are there.

Mr. Kennedy. He also wanted the price of turrets and other kinds
of armaments ?

Mr. Juliani. Yes.

Mr. Kennedy. The next thing you heard about the activities of
Mr. Bartone was he was arrested ?

Mr. Juliani. That is correct.

Mr. Kennedy. That is all, Mr. Chairman.

The Chairman. Thank you, gentlemen.


Call the next witness.

Mr. Kennedy. Mr. Emerick.

The Chairman. You do solemnly swear that the evidence you
shall give before this Senate select committee shall be the truth, the
whole truth, and nothing but the truth, so help you God ?

Mr. Emerick. I do.


The Chairman. State your name, your place of residence, and your
business or occupation.

Mr. Emerick. Chester A. Emerick. I reside at 4 Spring Hill
Court, Chevy Chase, Md. I am Deputy Commissioner of Customs
in charije of Division Investigation, Bureau of Customs.

The Chairman. Proceed, Mr. Counsel.

Mr. Kennedy. Mr. Emerick, how long have you been with the
Bureau of Customs?

Mr. Emerick. Thirty-nine years.

Mr. Ivennedy. Would you tell the committee what occurred as far
as the arrests that were made in Miami, Fla., in connection with the
plane that was attempting to take off with armaments for the
Dominican Republic ?

Mr. Emerick. This case had its inception during the latter part
of March and April of this year. In April, I was advised by the
supervising customs agent at Miami, Fla., that a susjDected munitions
smuggler wanted to bribe him to permit the exportation of arms and
ammunition to the Dominican Republic.

The matter was discussed in the Bureau, and it was decided to
authorize the agents to proceed with the case, the bribery case. The
matter was also cleared with the U.S. attorney at Miami and with
the Criminal Division of the Attorney General's Office.

The deal as first presented was alleged to have involved a total
shipment of $1,250,000 worth of arms and ammunition, and that
payment would be made to the agents in the amount of $100,000.

Mr. Kennedy. That is the agents of the Government ?

Mr. Emerick. The customs agents ; yes.

Mr. Ivennedy. To allow the shipment to be made ?

Mr. Emerick. That is right.

The Chairman. That is a proposed bribe of $100,000 ?

Mr. Emerick. Yes, sir.

However, it developed that the person making the bribe was not
in fact the man that was to make the payments. The agents were
notified to contact Augusto Ferrando.

Mr. Kennedy. Spell his name, please.

Mr. Emerick. F-e-r-r-a-n-d-o, consul general for the Dominican
Republic at Miami. This occurred on May 6 in the Dominican con-
sulate, and at that time a $400 payment was made to the agents, four
$100 bills, as a token payment. It was explained that further pay-
ments were to be made as shipments were made.

In the meantime, arms and ammunition began to arrive in Miami,
and they were stored at Miami, preparatory to shipment to the
Dominican Republic.

Mr. KJENNEDY. What period of time is this ?


Mr. Emerick. During the period May 6 to May 20, 1959.

On May 19, another meeting was held in the Dominician consulate
office at Miami, and on that occasion Augusto Ferranda paid $1,000 to
the agents, and explained that the shipment to the Dominican Repub-
lic of the arms then on hand would be made by vessel within the next
day or two, the vessel being a banana boat arriving at Miami in the im-
mediate future.

The payment of $1,000 was not the amount agreed upon. It had
been tentatively agreed that the agents would be paid 20 percent of the
value of the shipment. The value of the ammunition alone, which
was 200,000 rounds of .45 caliber ammunition, amounted to $10,000, so
an amount of $2,000 should have been made to the agents in accordance
with the agreement.

Ferrando stated that that was the case, and that as soon as the arms
and ammunition were aboard the ship, an additional $1,000 would be
paid the agents. On the afternoon of May 21, the agents were con-
tacted by one of the conspirators and told that the method of shipment
had been changed. Instead of shipping by water, shipment would
be made by air, and that it was necessary for one of the agents to con-
tact the operator of the airplane.

The meeting was arranged for the evening of May 21 at the Dupont
Plaza Building, room 1103, Miami, Fla. The person representing
himself to be the man in charge or in control of the plane was intro-
duced as Dominick. It later developed that this man's full name was
Dominick E. Bartone.

The Chairman. Is that the Bartone we have been talking about
here in this testimony ?

Mr. Emerick. I imagine so. Senator.

Mr. Kennedy. It is.

The Chairman. Counsel tells me it is. I was just trying to get the

Mr. Kennedy. At this juncture, on the 21st, originally it was de-
cided to ship the aiTnaments by boat and then they were told, the
agents were told, that it was going to be done by plane and the repre-
sentative, the person who was going to run or operate the plane, was
Dominick. There were introduced to him as Dominick, and you later
found out that this Dominick was Dominick Bartone.

He is the one who was going to make the arrangements for the air-
plane trip.

Mr. Emerick. Correct. Dominick Bartone stated he had obtained
a ferry permit from Miami to Puerto Rico ; that the permit was issued
by CAA and that he had applied for the permit in order to enable him
to land the plane in the Dominican Republic.

The pilot of the plane had been instructed by Bartone to feign en-
gine trouble, to feather the propeller and to make a forced landing
in the Dominican Republic. Bartone said he wanted to sell his plane
there, that he knew the generalissimo, and that he also wanted to take
with him $65,000 worth of spare parts.

Mr, Kennedy. The clearance, then, that they achieved or obtained
was a clearance to Puerto Rico ; is that right ?

Mr. Emerick. That is right. It was merely a CAA ferry permit.
That is what it amounted to. It did not require a clearance from cus-


toms or from State or anyone else, going from the States to Puerto

Mr. KJENNEDY. As Bartone explained to your agents, what was
going to be done was to feign that there was engine trouble when
the}[ got over the Dominican Republic and land the plane in the Do-
minican Republic?

Mr. Emerick. That is correct.

Mr. Kennedy. Was there discussion at that time as to what was
going to be done with the airplane ?

Mr. Emerick. There was no discussion. Bartone made the state-
ment that he intended to sell the plane in the Dominican Republic
at that time.

Mr. Kennedy. Did he say what price he expected to get from it ?

Mr. Emerick. No mention was made as to price, according to our
office record.

The fellow conspirator insisted that Bartone not ship the spare
parts in the plane, but confine the cargo entirely to the arms and
ammunition. Bartone was prevailed upon to follow that course, and
said that he would load the cargo at the airport the next morning at
about 10 a.m.

He also reported that the elevator, the freight elevator, on the
Globemaster or the C-74 was not operating, and it would be necessary
for him to get a forklift from the American Airmotive Co. He ob-
tained the forklift, and as soon as the CAA inspectors had checked
and approved the engines of the airplane, which was about 10 :V) a.m.
on May 22, the loading of the arms and ammunition was commenced.

As soon as the cargo had been placed aboard the plane, the officers
moved in, seized the plane and its cargo, and arrested the persons
involved in the violation.

A Federal grand jury at Miami, on June 4, returned a true bill
indicting Leonard Trento, Augusto Ferrando, Joseph Liquori,
Charles CoUe, Dominick E. Bartone, Samuel E. Poole, Jr. — Poole,
by the way, was the pilot of the plane — and Sidney Neubauer, for a
conspiracy under section 371 of title 18, United States Code, to ex-
port arms and ammunition of war in violation of section 1934: of
title 22, United States Code, and for bribing officers of the United
States in violation of section 201 of title 18, United States Code.

The matter is awaiting trial in Miami at this time.

Mr. Ejinnedy. What was being sent ? What kind of arms or how
much in arms was being sent or being placed on the plane?

Mr. Emerick. There were 200,000 rounds of .45 caliber ammuni-

Mr. Kennedy. 200,000?

Mr. Emerick. 200,000. That was the largest part of the shipment.
And 37 M-1 Garand rifles, and 21 machineguns. It was a total
weight of 14,000 pounds, approximately.

Mr. Kennedy. Was there discussion as to who was to receive these
arms once they arrived in the Dominican Republic ?

Mr. Emerick. Not to my knowledge ; not to my knowledge. There
has been some rumor as to what would happen to them, but I haven't
any actual evidence or reports on that subject.

I have read in the newspapers that they were going to the Batista
faction for the purpose of overthrowing Fidel Castro. But that is
strictly newspaper reports.


Mr. Kennedy. What did Mr. Bartone state as to the disposition
of the airplane once it arrived there ?

Mr. Emerick. It was for sale to the Dominican Government.

Mr. Kennedy. He said, did he not, that if he could get the plane
and the rest of the stuff down there, if he could deliver it, that they
had agreed to buy the plane, that they would buy the plane?

Mr. Emerick. Well, words to that effect is my understanding.
That is the report I have, yes. I did not, of coui-se, talk to Bartone.
All I have is what the reports indicate.

The Chairman. In this application that Bartone filed, he agreed
not to carry any cargo at all ?

Mr. Emerick. That is correct. That is the CAA application for
a feriy permit.

The Chairman. In other words, he claimed the reason he wanted
to move the plane was to transport the plane over there ?

Mr. Emerick. That is my understanding. Senator. We have no
jurisdiction over moving the planes.

The Chairman. I understand. But in order to get this permit to
take the plane over there, he had to file for this application.

Mr. Emerick. That is correct.

The Chairman. And in the application he represented there would
be no cargo, other than the crew ?

Mr. Emerick. That is correct.


Mr. Kennedy. Could Mr. Constandy place this into the record ?

The Chairman. Mr. Constandy, what do you have before you ?

Mr. Constandy. Senator, I have an application for authorization
for a ferry permit.

The Chairman. A photostatic copy ?

Mr. Constandy. Yes, a photostatic copy.

The Chairman. Does it relate to this investigation?

Mr. Constandy. It does. It refers to the aircraft in question, and
its proposed flight to San Juan, P.K.

The Chairman. Is there attached to it a photostatic copy of a

Mr. Constandy. Yes, a photostatic copy of a letter signed by
Dominick Bartone, dated May 21, addressed to the Federal Aviation

The Chairman. What date is the application ?

Mr. Constandy. May 21, 1959, the same date that the letter carries.

The Chairman. Did you procure these in the course of your investi-
gation of the matter under inquiry ?

Mr. Constandy. Yes, Senator, we did.

The Chairman. They may be made exhibit Nos. 32-A and 32-B.

(Documents referred to were marked "Exhibit Nos. 32-A and 32-B"
for reference and wil be found in the appendix on pp. 19137-19138.)

Mr. Constandy. I will call attention to the fact that on the authori-
zation application the plane is registered in the name of Akros
Dynamics Corp.

The Chairman. All right.

Mr. Kennedy. That is all.


The Chairjian. Thank you very much.

Call the next witness.

Mr, Kennedy. Mr. Dominick Bartone.

The Chairman. You do solemnly swear the evidence you shall give
before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?

Mr. Bartone. I do.


The Chairman. State your name, your place of residence, and your
business or occupation, please, sir.

Mr. Bartone. My name is Dominick Bartone. My permanent
address is 25 Lansdowne Road, Toledo, Ohio.

The Chairman. Do you want to give us your business or
occupation ?

Mr. Allder. May I make a statement at this time, Mr. Chairman ?

The Chairman. You have counsel representing you ?

Mr. Bartone. Yes, sir.

The Chairman. All right.

Let the record show that Mr. Allder represents the witness.


Mr. Allder. Mr. Chairman, this witness is under indictment in the
Federal court in Miami, Fla., for conspiracy to defeat the neutrality
laws of the United States. He is awaiting trial there. As I have
listened to this inquiry this afternoon, any questions asked of him
would be concerning exactly what he has been indicted for. There-
fore, I ask that under the previous rules of this committee, that this
witness be excused at this time until that indictment is disposed of
in Miami.

The Chairman. Mr. Counsel, I will ask you this question. I am
not trying to take advantage of the witness. But is he the same
Bartone that is indicted down in Florida about which the immedi-
ately previous witness just testified?

Mr. Allder. Yes, Mr. Senator.

The Chairman. He is the defendant in that indictment ?

Mr. Allder. He is, sir.

The Chairman. Or one of the defendants ?

Mr. Allder. That is correct, sir.

The Chairman. Let me ask you this question: I think we have
ruled in the past, and I think correctly so, that we shouldn't under-
take to compel one under indictment to give testimony that might
relate to his defense to the charge against him. I shall not, if the
committee agrees with me, do so in this instance.

But there is other testimony here relating to the effort to procure
a loan that could be altogether unrelated to the particular offense of
the shipping of arms or transporting of anns out of the country.
That would be a loan that was sought, according to the testimony, in
order to enable the pursuit of an airplane transaction in which this
witness was identified as one of those participating in that effort to
secure a loan.


Are you willing to testify with regard to the loan as unrelated,
or the efforts to secure a loan as unrelated, to the charges of smuggling
arms or shipping arms out of the countiy ?

Mr, Allder. Mr. Senator, may I say this : He is under indictment
for conspiracy, which means anything at all in the way of an overt
act to cari-y forward that conspiracy would be something that would
be the subject matter of anything that goes on in his trial in Miami.

In other words, the borrowing of money, any effort to help make
arrangements to borrow money, anything whatsoever would be con-
sidered part of the conspiracy because the ultimate use of this air-
plane, according to the theory of the Government's case in Miami, is
that the plane was to be used to ship arms to a foreign country in
violation of the laws of this country.

Therefore, anything that he would testify to would be directly con-
cerned with that conspiracy. Were it one direct crime that he was
charged with, in other words, not conspiracy but a substantive count,
then it would be a different situation. But that doesn't exist here.

This is all part and parcel of the scheme that the Government
alleges that he was tiying to carry forward in Miami.

The Chairman. I haven't seen a copy of the indictment. Are
there any specific allegations in the indictment with respect to their
working together or cooperating, conspiring to borrow money to
finance the project ?

Mr. Allder. I don't know that, either, Senator. I couldn't answer
that. But we don't always have to have every overt act spelled out
in the conspiracy. We don't even have to have all the people named
therein. They can say people unkown to the grand jury at the time
they returned the indictment.

The Chairman. The borrowing of money could have been solely
for the purpose of financing a legitimate transaction. However, I
have no way of knowing that. If it is wholly unrelated to the
smuggling of arms, if it is wholly unrelated to that, the indictment
would offer him no excuse or justifiable reason for not testifying.

If it is possibly related to that, then the Chair feels constrained to
respect the wishes of the witness and his counsel in the matter.

What say you, gentlemen ?

Senator Ervin. I think the Chair is right. I think the counsel
stated the correct rule, also.

Senator Curtis. Yes.

Mr. Kennedy. As I understand it, then, because of the indictment,
and the possibility that this might be a part of the act, an attempted
loan from the Teamsters, and Mr. Bartone's visit up in Cleveland,
Ohio, with Mr. Naiman, with Mr. Downs after the arrangements had
been made by Mr. Triscaro, and the attempted loan here in Wash-
ington, D.C., that we should not go into those matters?

The Chairman. You don't represent him in Miami, I assume.

Mr. Allder. No, I do not. Senator. But you are almost putting me
in the position of liaving to tell you how he could be guilty in order
not to testify here today. I can assure you as an attorney, from
what I do know about it, that he should not at this time discuss any
of these matters, because it would, in my opinion, affect his defense
to the charge in Miami.


The Chairman. I can appreciate that it very well may. I am not
going to press for it. I Avanted to get the record clear because we do
establish precedents here as we go along, and someone else might cite
something that was said or done here on this day with respect to some
future motion that might be made before the committee.

Mr. Allder. Yes, sir.

The Chairman. Without objection, then, the committee will re-
spect the wishes of counsel and his client so far as interrogating him
about this matter. I can appreciate that the whole thing may be
linked up from start to finish.

If so, any testimony regarding the loan would be pertinent to the
charges that are involved in the indictment. We do regret, however,
very much that he is not in a position to tell us the story about the
loan, because it lias been rather intriguing. We would like to have
the information.

I expect you know about it, but you have gotten yourself in an
awkward situation, legally speaking, where you can't very well talk
about it.

Mr. Kennedy. And also Mr. Triscaro's operation. He doesn't
want to discuss that, either ?

Mr. Allder; No, Mr. Kennedy.

The Chairman. Is Triscaro indicted with him ?

Mr. Allder. No, Mr. Chairman, he is not.

The Chairman. Well, all right. You may stand aside.

Mr. Kennedy. Who is his his attorney in Miami ? Mr. Cohen ?

Mr. Allder. That is correct, Ben Cohen.

Mr. Kennedy. I might say Mr. Ben Cohen, who I understand also
does work for the Teamsters down there, has just received a $2 million
loan from the Teamsters welfare fund.

The Chairman. Well, we are in the wrong business here, some of
us, to make money.

Call the next witness.

Mr. Kennedy. Mr. Louis Triscaro.

The Chairman. Be sworn.

You do solenmly swear the evidence you shall give before this
Senate select committee shall be the truth, the whole truth, and noth-
ing but the truth, so help you God ?

Mr. Triscaro. I do.


The Chairman. State your name, your place of residence, and your
business or occupation, please.

Mr, Triscaro. My name is Nunzio Louis Triscaro. I live at 29299
Gatesville Boulevard, in Cleveland, Ohio.

The Chairman. Is that all of your answer ?

(The witness conferred with his counsel.)

Online LibraryUnited States. Congress. Senate. Select CommitteeInvestigation of improper activities in the labor or management field. Hearings before the Select Committee on Improper Activities in the Labor or Management Field (Volume pt. 54) → online text (page 35 of 38)