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ZWILLMAN has been under income tax and Senate investigation since prohibition days, but his recent indictment is his first. JULES ENDLER had yi and conrine ma New York hospital. ZWILLMAN's attorney petitioned the court for permission to take deposition from ENDLER in connection with his tax case, Such permission was granted, and deposition Was taken for ZWILLMAN's defense. Subsequently, the Assistant United States Attorney requested permission also to take depositions and to cross-examine ENDLER. ZWILLMAN's deposition was taken while confined in the hospital. Subsequently, ENDLER left the hospital and attempts were then made to serve a subpoena on ENDLER by U. §S,. Marshal with no success. The United States Attorney finally did question ENDLER but his questioning was not completed. A subpoena Was subsequently served on ENDLER for the production of his records. Assistant United States Attorney Was to again interrogate ENDLER, but before such could be carried out, ENDLER died on September 22, 1954, ZWILLMAN When interviewed concerning the J and J Liquor Distributing Company advised that he never had any interest in the J and J Liquor Distributing Company. Though he admitted he has known the men who own and operate the company most of his life, he claimed he never had any business dealings with them, It had been alleged in the past that ZWILLMAN had been interested in the J and J Company in Newark. The "Newark Evening News" of October 25, 1954, reported that United States Attorney RAYMOND DEL TUFO, JR., in an answer filed October 25, 1954, opposing ZWILLMAN's demand for a bill of particulars in his tax evasion suit, called the Federal Court's attention to an affidavit fron a prospective Government witness who had been questioned by ZWILLMAN's attorney concerning the case, He directed the court's notice to the affidavit in which the witness said "I did not know who the men were who interviewed me. I thought they were Federal Agents making an investigation," In his answer, DEL TUFO said the Appellate Courts have held that the -13-