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Case and Exceptions.
COURT OF SPECIAL SESSIONS OF THE

CITY OF NEW YORK,

Before:
Hon. Louis I. Kaplan,

Justice Presiding;
Hon. Simon Silver,
Hon. Edward Thompson,

Associate Justices.

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Appearances:

For Complainant: Parker, Duryee, Benjamin, Zunino & Malone, Esqs., 1 East 44 Street, New York 17, N. Y.; by: Edward Ward McMahon, Jr., Esq.

For Defendant: Sugarman, Kuttner & Fuss, Esqs., 165 Broadway, New York 7, N. Y.; by: Eugene L. Sugarman, Esq.

Anne Ells, Complainant, Direct

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Court Officer: Number 5; (Calendar No. 5)— Allen Keller.

(Appearances of Counsel noted for the record.)—

Mr. McMahon: Anne Ells

ANNE ELLS, Complainant, called as a witness in her own behalf, being first duly sworn, testified as follows:

Court Officer: What is your name
The Witness: Anne Ells.

32 Court Officer: Where do you live?

The Witness: 27 Longwood Avenue, Brookline, Massachusetts.

Court Officer: What is your business or occupation?

The Witness: I am a secretary.
Direct Examination by Mr. McMahon:

Q. Miss Ells, did you give birth to a child on or about September 25th, 1956? A. Yes, I did.

Q. Where did you give birth to this child? A. At the Falkner Hospital in Boston.

Q. What is the sex of that child? A. Female. 33

Q. What is the child's name? A. Katherine Anne.

Q. Do you know the defendant, Allen Keller? A. Yes, I do.

Q. And, is this the gentleman sitting right here? A. Yes.

Q. Do you claim that the defendant Mr. Keller is the father of that child? A. He is the father of the child.

Q. Are you married, Miss Ells? A. No, I am not.

Q. Have you ever been married? A. No.

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Anne Ells, Complainant, Direct

1

Justice Thompson: How old are you?
The Witness: Twenty-eight.

Q. How long have you known the defendant
Allen Keller? A. I met him in August of 1955.

Q. Where was the first time you met him?
A. I met him in Boston.

Q. Will you tell the Court how you met him?
A. He was—I met him through a mutual friend;
he had given him my number; he called me and

asked me if I wanted to go out. He had called 35 me previous to that night.

Justice Kaplan: I didn't hear that; what was that?

The Witness: He called me a couple of times, and about the third time I did go out with him.

Q. After the third time, you say you went out with him? A. That was the first time I went out with him. He called me three times before.

Q. He called you three times about, then you went out with him the first time after that. How often did you see each other then, after the

first time you went out with him? A. I went 36 out with him that night, then he went out of

town for about a week, and he came back and
then I saw him for about five or six days, and
he was in Boston, and then he went back to New
York.

Justice Kaplan: When was the first time you
had sexual relationship with him?

The Witness: The first night I went out with
him.

Justice Kaplan: The very first night?
The Witness: Yes.
Justice Kaplan: What was that date?

Anne Ells, Complainant, Direct

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The Witness: It was about the 10th of August, 1955.

Justice Kaplan: August 10, 1955.
Justice Silver: Where did the act occur?
The Witness: It was in a car.

A. It was in Newton,

Q. Where was that? around Boston.

Justice Kaplan: Newton, Massachusetts.
The Witness: Newton.

Q. After that first act of sexual intercourse, 38 did you continue to have sexual relations with him? A. Yes, I did.

Q. Approximately how many times? A. Practically every time I went out with him.

Justice Thompson: We don't know how many times that is, lady?

Q. How many times was that, approximately? A. Well, during the whole time I knew him.

Justice Thompson: One hundred, two hundred?

The Witness: I don't know how many times.

Justice Thompson: We don't know either; we are on a par with you.

The Witness: I knew him until March, 1956, and I saw him all that time.

Justice Kaplan: See him every day?
The Witness: Oh, no.
Justice Kaplan: Every other day?

The Witness: No; he was in New York, and
I was in Boston.

Q. Will you tell the Court approximately how many times you had sexual relations with him, and where, and when?

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Anne Ells, Complainant, Direct

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Justice Silver: About how often did he come to Boston ?

The Witness: After he went back to New York, then I started going to New York to visit him weekends. I used to go practically every weekend, or he would come to Boston.

Justice Silver: Then it was practically every weekend from August 10th ?

The Witness: Yes; then at Christmas time he came home, and he was home the whole week.

Justice Kaplan: And he came every day during that week?

The Witness: Yes.

Justice Kaplan: He had relations with you during that week?

The Witness: Yes.

Justice Kaplan: And then you would go to New York for weekends?

The Witness: Yes. But then he was home Christmas week, and then he went back to New York and I went to New York to stay for New Year's and I was there until the 11th of January.

Q. This was 1956! A. 'Fifty-six.

Justice Silver Where did you stay when you came to New York?

The Witness: I stayed with him at the Park
Crescent Hotel; he was living there.

Justice Silver: And were you registered there!
The Witness: No, I wasn't.
Q. Did he have a room there? A. Yes.
Q. Just one room! A. Yes.

Q. And you stayed in that one room with him, is that correct? A. Yes, that's right.

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