Tales from the Morgue: Charge of battery

BOB NARDELLI, EDDIE MANCIET HELD BY JUDGE

Charge of Battery Faces Plantation Owner And Bartender

CARLSON TESTIFIES

Tells How Pair, Aided by Others, Allegedly Beat Up Hedderman

Disregarding the testimony of eight defense witnesses, Judge D. G. Chalmers yesterday ordered Robert Nardelli, proprietor, and Eddie Manciet, head waiter of the Plantation, local night club, held to answer to superior court on charges of aggravated battery. The charges allege that Nardelli and Manciet precipitated an attack upon Maurice Hedderman, Pima county deputy sheriff, early on the morning of August 31.

Raymond Carlson, former editor of the Miami Silver Belt and house guest of Hedderman, was the sole state's witness to the alleged attack at the Plantation. Hedderman, bedridden and facing at least a possible loss of the sight of his right eye as the result of injuries inflicted with a blunt instrument to the right side of his head, was unable to appear at the preliminary hearing. The testimony of Carlson represented the crux of the state's case, and in his order holding the two defendants to answer under bonds of $1000 each, Judge Chalmers apparently chose to believe Carlson.

Alexander Murry, county attorney, and Odin B. Dodd, retained by Hedderman as a special prosecutor, represented the state in yesterday's hearing. George O. Hilzinger appeared for Nardelli and Manciet.

The first hearing called was that on the aggravated battery charges against Robert Nardelli, proprietor of the Plantation night club, where the alleged assault took place. The effort to postpone the twin hearings (the other accusing Eddie Manciet waiter at the Plantation, of aggravated battery) because Hedderman's physician would not allow allow him to appear was abandoned at the last minute.

Doctor Testifies

Dr. J. B. Littlefield, Hedderman’s physician, first was called to the stand. The physician stated that Hedderman was suffering from an injured right eye and a blow above that optic; from a blow behind the right ear; and from a minor bruised area on the right shoulder. An eye specialist, called in, has regarded the eye injury as serious, Dr. Littlefield stated, unless Hedderman remains in bed for another 10 or 12 days.

While x-ray pictures taken after the accident failed to show skull fracture, Dr. Littlefield stated that these were unsatisfactory and that he believed a fracture existed. At present Hedderman is improving and should not suffer any permanent harm if all goes well, the physician added. The injuries, Dr. Littlefield said, were inflicted with some blunt instrument; the doctor doubted if they could have been inflicted with a man's bare fist.

Next on the witness stand was Raymond Carlson of Miami. A schoolmate of Hedderman's, Carlson stated that for three years past he has served as editor of the Miami Silver Belt which paper suspended publication about a month ago. Following suspension of publication, Carlson stated that he was the house guest of Hedderman and was planning a return to his home the day of the alleged attack.

Tells of Attack

Carlson then launched into a narrative account of the attack, which he charged was precipitated upon Hedderman and himself without provocation by Nardelli and Manciet.

He (Carlson), Hedderman and Mrs. Jeanne Bridwell arrived at the Plantation about 12:30 Saturday morning, August 31, Carlson said. They entered the bar via the rear door and a friend of Hedderman's met and talked with him for a few moments. Meanwhile he and Mrs. Bridwell looked out the door onto the dance floor, as Carlson had testified that he was looking for a friend from Miami who might have been there. Next a waiter came up with Manciet, extremely excited and accosted Hedderman saying to Manciet "This is the one, this is the one who did it." The man then added, "You broke the glass, you're going to pay for it.”

Hedderman was mystified, as was Carlson, the witness testified. Manciet very angry, talked excitedly and threateningly to Hedderman, Carlson said, and, just then, Nardelli came up, spoke a few courteous words to Hedderman, and Manciet turned away toward the dance floor. Passing Carlson, the latter advised Manciet to "take It easy" and asked what the matter was. "I'm going to get him,” Carlson said Manciet replied. "Take it easy," advised Carlson; "he's a deputy sheriff."

"I don't care what he is," Carlson said Manciet answered. "I'm going to get him and you, too."

Struck on Head

Hedderman then called him over and introduced him to Nardelli, Carlson said, after which Nardelli and Hedderman walked to the other end of the bar and sat at a table talking. This scene was described as being entirely affable by Carlson. After the talk, at about the 1 o'clock closing time, the trio started started to leave, again by the rear door. Carlson stated that he and Mrs. Bridwell walked out first with Hedderman and Nardelli following a short distance behind, Nardelli's left arm thrown across Hedderman's shoulders from the right side.

Proceeding affably to the Hedderman car, parked some 30 feet from the rear steps, Carlson stated that he and Mrs. Bridwell reached the car first and that he started to place Mrs. Bridwell in from the right side, as Hedderman was to drive. Looking across the hood of the car, Carlson stated that he saw Nardelli strike Hedderman on the right side of the face or head. Suddenly Manciet appeared and struck Hedderman and Hedderman dropped face down.

Rushing around the car, Carlson stated that Nardelli and Manciet were kicking the recumbent form. At this moment, some one unknown to Carlson kicked him in the groin, momentarily disabling him, Carlson said. When he recovered, all had gone. There appeared to be two or three other men in addition to Nardelli and Manciet at the climax of the attack, Carlson testified. Crawling over to Hedderman, whom he found to be unconscious, Carlson picked him up and placed him In the car driving him to the sheriff's office, Mrs. Bridwell accompanying. Hedderman was taken taken to the hospital and Dr. Littlefield was called, and Carlson stated he returned to the Plantation with deputy sheriffs, who questioned several persons. Later Carlson returned to the hospital and removed Hedderman to the latter's home, remaining up most of the night with him.

Denies Anyone Drunk

At the time of Nardelli's attack on Hedderman," the Plantation proprietor held some object in his hand, Carlson said. Nardelli and Manciet attacked almost simultaneously, Carlson added.

Under cross examination Carlson stated that neither of the party of three went to the Plantation to get drunk; that they had one drink of beer each, to his knowledge, which Nardelli bought; that he did not know the purport of the conversation conversation between Nardelli and Hedderman, but that it appeared entirely agreeable.

Hedderman was unarmed and not drunk, Carlson testified. Neither was the officer boisterous, or insulting, conducting himself quietly throughout the evening. Stating that he was completely surprised by Manciet's original action, Carlson stated that he did not hear Nardelli ask Hedderman to leave. Carlson added that it was he who suggested the visit to the Plantation, as he had hopes of finding his Miami friend there. Hedderman assented, Carlson said, saying that he had a paper to serve there. Hedderman was still unconscious when he reached the sheriffs office, Carlson ended.

James A. Abbott undersheriff, was called to the stand to testify that the Plantation was located in Tucson precinct, Pima county. No other questions were asked Abbott. After this Murry announced that the state rested its case.

Councilman Tells Story

The first defense witness called by Hilzinger was Will T. Boyd, city councilman and wholesale beer dealer. Boyd testified that he and Mrs. Boyd were dining at the Plantation on the night of August 30. Hedderman with a woman and five or six young men appeared, Boyd said, Hedderman being drunk and creating a series of rumpuses. No man, not drunk or crazy, would have acted as Hedderman did, Boyd stated.

Boyd placed the time of the fracas he described as 10:30 or 11:00 o'clock and, under cross examination, admitted that he had not seen Hedderman assault anyone at the Plantation.

The next witness was Miss Selma Harrison, who saw Hedderman at the Plantation that night. He arrived about 10 o'clock, this witness stated. He went to the bar and talked angrily with Manciet. Later Manciet told her that Hedderman had broken a glass from his car. Hedderman was drunk, Miss Harrison testified, and very abusive, not using vile language, but taunting Manciet. She stated that he drank frequently, not beer but "gin fizzes or something."

Broken Glass?

Next witness was Wallace Holloway, extra waiter at the Plantation. Hedderman arrived about 10:30, Halloway stated, with a girl and a man. Halloway testified that he saw Hedderman, in coming into the building from the rear, pick up a board and break the rear glass in Manciet's car, parked nearby. Asking Hedderman what was the idea, Wallace stated that Hedderman laughed, pushed him aside and entered the bar "pretty drunk." Halloway then told Manciet of what had happened.

Later Halloway testified to seeing Hedderman raising a fuss at the bar, and creating several other other disturbances. The two companions of Hedderman were drunk but not as drunk as the deputy, Halloway said.

Later, after closing time, Halloway recounted the only semblance of a fight admitted by any of the defense witnesses, and corroborated by one another. Halloway and Joe Dominguez, another waiter, were walking to their car to go home when they passed Hedderman and his two companions sitting on the running board of Hedderman's car, the witness said.

Hedderman leaped to his feet and rushed Halloway, charging that it was he who told Manciet of the car glass episode. Hedderman swung at him, the witness said, missed, and both fell against the car and thus to the ground. Halloway regained his feet and left. In the meantime Hedderman's companion rushed Dominguez, but the waiter escaped him and both got to their car and left the Plantation. Neither Nardelli nor Manciet was about, this witness stated, and other than what he described, there was no fight nor any blows struck.

Hedderman Abusive?

Next defense witness was Joe Dominguez, another waiter, who saw Hedderman break the car glass, he said. The time Dominguez placed at 10:05 p. m. In the bar, later when Manciet accosted Hedderman relative to the glass breaking, Hedderman was abusive and wanted to fight, Dominguez said. Hedderman was accompanied by a "big man" (Carlson) and a woman, Dominguez said and Hedderman was "pretty drunk" and the others were "feeling pretty good."

Hedderman continued creating disturbances, but friends prevented him from getting into real trouble, the witness said. At one time Hedderman said that if anybody was looking for anything, he would give it to them, Dominguez recounted.

Later, as he and Halloway went to their car to leave, Dominguez corroborated Halloway's statement of the minor rukus at the side of Hedderman's car.

Arthur Ruiz, bartender at the Plantation, served the party in which Hedderman was with its drink which Nardelli bought, he testified. They ordered gin fizzes, but he fixed them lemonades, Ruiz stated, and they didn't know the difference. Hedderman was pretty drunk and the others were feeling good, the witness said.

From then on Hedderman lingered at the bar, Ruiz said, and, after the 1 o'clock closing time, attempted to obtain first a drink and later a bottle of whisky. These were refused him as the closing time had passed, the witness explained. At closing time (1 o'clock) Nardelli was busy at the bar checking the cash receipts and Manciet was busy checking his waiters, Ruiz said. He heard nothing of the rukus outside until the next morning. Nardelli did not leave the bar after closing time, he ended.

Refused to Pay, Says George

George Nardelli brother of the defendant and another Plantation bartender, also testified to seeing Hedderman at the bar, raising a fuss between 10 and 11 o'clock. Ordering drinks for a party of five, he refused to pay the $1.30 charge against him, cursing the bartender and leaving, Nardelli testified. This witness also stated that Hedderman was drunk, and created many disturbances around the bar. At closing time his brother, Robert Nardelli did not leave the barroom, being busy checking bar receipts — this being the time of Hedderman's departure. Under the cross examination of Dodd, Nardelli hedged on the question of whether Hedderman was drunk, when Dodd reminded the witness that it was illegal for a bartender to sell an intoxicated man a drink of liquor. He ultimately admitted that he only saw Hedderman take one drink and that he had never seen him at the Plantation before.

Robert Nardelli next took the stand in his own behalf. He testified that Hedderman and his party arrived between 10 and 11 o'clock, and that he had heard an argument near the entrance to the bar. It was over the broken glass in Manciet's car, Nardelli said, and he had ended it by ordering Manciet back to work and inviting Hedderman and his party into the bar for a drink. Nardelli then stated that he gave the bartender "the wink," which was a signal not to serve strong liquor.

Wanted More Liquor?

Hedderman was pretty drunk, Nardelli said, also Carlson and the woman, but Hedderman was the drunkest. Nardelli then stated that he called the sheriffs office and told them that an officer was making a disturbance. Roy Manning answered the phone and said he would be out as soon as some other officer replaced him. Manning arrived, however, after closing time and after Hedderman had left, Nardelli said.

After the phone call Nardelli said Hedderman continued his abusive conduct to the waiters and remained at the bar until closing time. After closing hours Hedderman's demand for more liquor was denied and Hedderman threatened to have the place closed up, Nardelli said. Nardelli then escorted Hedderman to the rear door, bade him good night and locked the door against his return. Nardelli denied Carlson's account of his leaving the place with the trio and of the attack on Hedderman, stating that he returned to check the bar cash and didn't know of the attack until the next day.

Attorneys on both sides then got into a wrangle over the admission of testimony concerning a visit of Nardelli to the law firm of Misbaugh and Fickett, apparently retained retained by Hedderman after the fracas, but Judge Chalmers disallowed it saying, "You've gone all over a 600 acre patch already and I can't see the materiality of it anyhow."

Manciet Testifies

The last witness was Eddie Manciet, head waiter at the Plantation and co-defendant with Nardelll. Manciet denied any fight or attack, saying they only had words over the broken car glass. The last he saw of Hedderman, Manciet said, was after closing time when Nardelli escorted him to the rear door, closing and locked it after him, and returned to his task of checking up the bar receipts for the evening.

Hilzinger announced that the defense defense rested and Murry asked for an adjournment until the state could produce Hedderman for rebuttal testimony. Hilzinger resisted but, in the midst of the argument Judge Chalmers ended the session by ordering both defendants held to answer under bonds of $1,000.