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& . Nathan....... tf. TOO. ee | WL. S. Bureau of Inbestigation nr jie eo ED em. Bepastment of Justice cps et Room 1403 Bate. eine 370 Lexington Avenue | Les. se New York City Mire LOCK®.ssseeee ; 62-4949 . December 6, 1935 ,* RECORDED & INDEXED Direct Division of Investigetion DEC 20 1933 ys (en. Woe - U. S. Department of Justice Washington, D.C. . \ ge ig = m8 . , A hy = ~ ee ee Deer Sir: » re A FILE Reference ia made to your letter of December 5th, wherein you request information as to whether agent Tracy advised the attorney for Dr. Irwin R.OSilvers, defendant in the district of New Jersey in the Kansas City massacre case, thet he would recommend to the United States attorney the entering of a nolle prosequi. . A et a I heve conferred with Agent Tracy and em informed of the following fects: Dr. Irwin R. Silvers was arrested on the night of November 15th at Orange, New Jersey and brought to Newark, New Jeraey, where on the morning of November 16th he was arraigned before United Stetes Commissioner Hollend. At that time the attorney for Silvers, George Kesselhaut, Lefoourt Building, Newark, N.J., informed Agent Tracy that his sole interest in the case was to have the charges against the doctor diamissed. Naturelly, nothing was said by the Agente by which the attorney could infer that the charges were to be diamiased. He demanded a hearing before the United States Commissioner and it was eet for November 24th. When it came up on November 24th, it was adjourned until December Sth. Between those dates Agent Tracy recalls having 6 conversation with Kesselheut in Newark, New Jersey, et which time the attorney again stated thet he desired to heve the cherges @igmissed, or, if the charges were not to be dismissed he would insist upon a hearing before the United Stetes Commissioner. He frankly ed- mitted that the purpose of this hearing wee 80 that he could secure the evidence which the Government hed to offer against his client. He was informed that the probabilities were there would be n0 preliminary hearing and that if he insisted too strongly upon such a hearing, an Sndiotment would be returned before the next adjourned date. Following this conversation, some time sround Decamber let, Agent Tracy received \ a telephone call from this attorney in which he again brought up the ' matter of the dismissal of the compleint. He was advised to communicate with Assistant United States Attorney Poetry at Trenton, New Jersey, which he did. In telephone conversation with this office, Kesselhaut suggested | 9 a . rapipe NRITRVUYED re | wb i ~& ;