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MIAMI NEWS-RECORDEllington Trial Resumes MondayBy MARIE NIEMIDefense attorney Fred Phillips hammered at testimony by Keldon L. Robinson regarding the times at which Robinson and Gary Ellington allegedly were in Miami, at Shawnee grocery, Baxter Springs and Toot’s club Friday afternoon during cross examination Robinson is a key state witness in Ellington’s trial on charges of robbery with a firearm which opened Thursday before Associate Judge George G Russell Phillips is expected to continue cross examination of Robinson when court reconvenes at 9:30 a.m. Monday In his opening statement to the six-man. six-woman jury, Phillips said Friday morning that he will produce witnesses who will testify that Ellington was elsewhere at the time of the holdup at Shawnee grocery, which took place at 8:10 a.m March 19, 1971 Assistant District Attorney Merle K Garrette is expected to call his final witness, Mrs. Judy Douthit, operator of the Shawnee grocery, to the stand Monday morning, after cross examination of Robinson is completed Robinson pleaded guilty to charges of armed robbery stemming from the holdup and is now awaiting sentencing Under direct examination by Garrette, Robinson testified that he and Ellington had driven around the Miami area just looking for a place to rob,” then went to Baxter Springs where the\ stayed at a motel the night of March 18. 1971 The next morning, Robinson testified, he and Ellington drove to Miami where they had coffee at a doughnut shop before\ St Dill \ storm in.ik«4s th»* going rough for th«-little models in Rio dr Janeiro llra/ilGiulini to ViennaVIENNA APi Carlo Maria Giulini has been named chief conductor of the Vienna Symphony Orchestra He replaces Wolfgang Sa wallisch, who left to be general music director of the State Opera in Munich The Italian musician, who was born in 1914 in Marietta, was on tlie staff of L« Scala in Milan from 1953 to 1 956 He has led the foremost orchestras of Europe and America as a guest conductor and since 1959 has ta-en the principal guest conductor of the Chicago Symphonydriving to Shawnee grocery, where they parked the 1957 green Chevrolet they were using at the gas pumps and entered the building Ellington did the driving. Robinson said.At the grocery they ‘messed around for a while until everybody left,” Robinson said, referring to two men customers who were in the store. He said he ordered $3 worth of gasoline for the car In response to Garrette’s question about firearms, Robinson said, “We had pistols, both of us.” Robiason said he didn’t display his pistol The state brought two pistols into the courtroom precipitating a quick transfer of proceedings into Judge Russell’s chambers where defense attorneys Phillips and Gary Mallow and Garrette and the other assistant DA. Sam Harris who works mainly in Delaware county, conferred for a few minutes Upon their return, one of the pistols was identified by Robinson as one taken from him at the time of their arrest on misdemeanor charges in Springfield, Mo The other, He identified as the pistol Ellington pointed at the woman in the grocery iShawnee grocery).Where did you get the pistols'^'’ Garrette asked RobinsonAt Toot’s club,” Robinson respondedWho furnished them’’” Garrette pressed on •Joe Lewis, Robinson testified Garrette proceeded to explore the defendants' movements after the robbery in his questioning Robinson related that they drove through back roads to Baxter Springs, taking a half hour to travel the distance which is about 12 miles by mam highway They got to Baxter Springs at 9 am. Robinson said, then, an hour or an hour and a half later, they went to Toot's club on Highway 60 a short distance south of the Kansas-Oklahoma state line Robinson testified that Ellington took a cab from Baxter Springs to Toot’s club and that he drove the car there laterGarrette asked Robinson who saw them at Toot’s club, to which Robinson replied he didn't know , but that he saw Joe i ,ewisAsked how long they stayed at Toots , Robinson said Ellington wa in and out,” but that he stayed around there all day and most of the night 'He testified that he and Ellington left together in a white 1959 model Chrysler Garrette asked Robinson who furnsiehd the lt;ar Robinson answered ‘Joe lewis ' Robinson admitted to six prior convictions on felony lt;harges He said he has been granted immunity from prosecution on any felony to which he might admit during his testimony Upon cross examination by Phillips. Robinson said he grew up in the lt;arlinville, 111 , area and that he had an income from a sf**ndthright trust fund left him by his deceased mother Phillips elicited from Robinson the admission that heLENA COLE’S YARD SALEDate Changed To:SAT., MARCH 24 10:00 A.M.LocatedP BLOCKS NORTH Of CHRISTIAN CHURCH WHICH I• FURNITURE i MISCELLANEOUShad been convicted of two counts of forgery, one of petty larceny, a burglary of an automobile and a second degree burglary charge Robinson has served prison sentences in Illinois, New Mexico and Oklahoma.Phillips, in an attempt to shake Robinson’s credibility, asked him who had furnished the appeal bond that had been filed in his case.Further questioning along these lines was blocked by prosecution objections which were sustained by Judge Russell.Robinson testified under cross examination that the guns were not given to him but were given to Ellington.“He (Joe I^ewis) got ’em from someplace and give 'em to Gary,” Robinson said.“Do you know what perjury is? Phillips fired the question at Robinson “Yes,” Robinson replied Robinson admitted, when Phillips cross questioned him about the time he and Ellington were in Miami, that he did not have a watch and that he was guessing about the time. He admitted that he was drunk at the time of the robbery and that he used drugs “sometimes.” Robinson appeared at ease on I the stand, sitting with his elbows on the arms of the chair and his hands relaxed in his lap.He wore dark glasses during his testimony and a bright blue jacketEllington, a thin, balding dark-haired man, made notes as Robinson testified, handing |them to either Phillips or Mallow, his attorneys. Phillips was appointed to represent Ellington. 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Newspaper Details
Miami News Record
Miami, Oklahoma, US
Sun, Mar 18, 1973
Page 9
Full Page
Clipped by
Kokomo-Howard C.
IN, USA 16 Aug 2023
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