Mr. KENNEDY. You are president of the Pitman Co.?

Mr. PITMAN. I am.

Mr. KENNEDY. Of Hoboken, N.J.? How long has that company been in existence? For that period of time?

Mr. PITMAN. What company?

Mr. KENNEDY. Your company.

Mr. PITMAN. Over 50 years in the trucking business.

Mr. KENNEDY. How many trucks do you have?

Mr. PITMAN. We operate 50 trucks right now.

Mr. KENNEDY. Initially, or some years ago, the early 1950's, you operated in New York City?

Mr. PITMAN. New York City.

Mr. KENNEDY. Did you have a contract with the Teamsters Union in New York City?

Mr. PITMAN. I had a contract with Teamsters Union 220, New York City.

Mr. KENNEDY. Then you moved into New Jersey; is that right?
Mr. PITMAN. That is right.

Mr. KENNEDY. In November 1952, approximately?

Mr. PITMAN. That is right.

Mr. KENNEDY. Had you initally understood that the contract that you had in New York City would be respected in New Jersey?

Mr. PITMAN. 220 told me my contract would be respected in New Jersey.

Mr. KENNEDY. Did you learn once you got over to New Jersey that that wasn't the case?

Mr. PITMAN. That was not the case.

Mr. KENNEDY, Were you approached by Mr. Anthony Provenzano, who was at that time business agent of local 560?

Mr. PITMAN. I know him as Tony Provenzano.

Mr. KENNEDY. Were you approached by Tony Provenzano?

Mr. PITMAN. I was.

Mr. KENNEDY. Did he want you to sign a contract with his union at that time?

Mr. PITMAN. He told me I should sign up with 560, that 220 didn't mean nothing to me. So I asked him to get in touch with 220. He told me to do that. So I tried, my steward tried to get in touch with him, and he couldn't get in touch. My steward and my drivers decided before we have any trouble they would go into 560.

Mr. KENNEDY. Did you go into local 560?

Mr. PITMAN. 560.

Mr. KENNEDY. I might identify Mr. Provenzano, Mr. Chairman. He is now president of local 560 of the International Brotherhood of Teamsters. At that time he was a business agent. He was elected in June 1958 by the executive board to replace Mike Sheridan, who had taken a leave of absence in about 1958. In May of 1959, Provenzano was elected president of joint council 73, of Newark, N.J. He is a close associate of Mr. Hoffa in New Jersey.

Did Mr. Tony Provenzano approach you then in 1953 or 1954 for a payment in order to continue to have labor peace?

Mr. PITMAN. Yes. I guess about close to a year after is when he asked me.

Mr. KENNEDY. How much money did he ask you for?

Mr. PITMAN. He asked me for $5,000.

Mr. KENNEDY. For what purpose?

Mr. PITMAN. I guess to stay in business and keep out of trouble.
Mr. KENNEDY. What did he say to you?

Mr. PITMAN. He said I wouldn't be in business too long.

Mr. KENNEDY. He said you would not be?

Mr. PITMAN. I would not be in business too long.

Mr. KENNEDY. If what?

Mr. PITMAN. If I didn't pay the money.

Mr. KENNEDY. Did you agree to pay it at that time?

Mr. PITMAN. No; I did not agree to pay it.

Mr. KENNEDY. Did you ultimately agree to pay the money?

Mr. PITMAN. I told him it was an estate with seven in the family and it would be a hard thing for me to do. It went on for 7 or 8 months before it happened.

Senator CURTIS. Would you tell us how this approach was made? Did he seek you out? Where did he meet you?

Mr. PITMAN. Down in the banana terminal he met me and chatted with me and talked to me about it.

Senator CURTIS. Had you been having labor trouble?

Mr. PITMAN. No, I hadn't had any labor trouble; no.

Senator CURTIS. I mean, had you had any things to annoy or harass you?

Mr. PITMAN. Well, him coming after me all the time was annoying me. I didn't have the money. That went on for 7 or 8 months. Senator CURTIS. But he brought up the subject?

Mr. PITMAN. Yes.

Senator CURTIS. What did he say would happen if you didn't pay! Mr. PITMAN. He said, "If you want to stay in business, you better get it up."

Senator CURTIS. He was the one who mentioned the sum of $5,000! Mr. PITMAN. Right.

Senator CAPEHART. Did you finally pay the $5,000?

Mr. PITMAN. Pardon?

Senator CAPEHART. Did you finally pay the $5,000!

Mr. PITMAN. No.

Senator CAPEHART. You never did pay it?

Mr. PITMAN. I didn't pay $5,000; no.

Senator CAPEHART. What did you pay?

Mr. PITMAN. $2,500.

Senator CAPEHART. For what purpose was that payment made!

Mr. PITMAN. To stay in business, to stay out of trouble; that is all. Senator CAPEHART. Paid to this one gentleman?

Mr. PITMAN. Yes, sir.

Senator CAPEHART. Did you pay it in cash or by check?

Mr. PITMAN. Cash.

Mr. KENNEDY. Mr. Chairman

Senator CURTIS. Mr. Pitman, here is what appears to be a photostat of a check. I would like to have you look at it and see if you can identify it.

(The document was handed to the witness.)

Mr. PITMAN. Yes, sir; that is mine.

Senator CURTIS. That is the $2,500 check that you just referred to? Senator CAPEHART. You just said a minute ago you paid in cash? Is it two different payments?

Mr. PITMAN. I am a little hard of hearing. I don't quite hear you. Senator CAPEHART. I thought you said a moment ago in answer to my question that you paid him in cash.

Mr. PITMAN. I paid him in cash; yes.

Senator CAPEHART. Were there two payments-one in cash for $2,500 and one by check for $2,500?

Mr. PITMAN. This was a check made out for cash and I got the cash for it and passed him the cash.

Senator CURTIS. The check will be identified as exhibit No. 48 and be incorporated in the record at this time.

(Check referred to was marked "Exhibit No. 48" for reference and will be found in the appendix on p. 19493.)

Senator CURTIS. That check is for $2,500 payable to cash?

Mr. PITMAN. To cash.

Senator CURTIS. Whose endorsement is that on the back of the check?

Mr. PITMAN. It is mine-is it mine? I didn't look at the back. (The document was handed to the witness.)

Mr. PITMAN. That is mine, sir.

Senator CURTIS. You drew the check, caused it to be cashed and deliver the money to Tony Pro?

Mr. PITMAN. That is right; to Tony Pro.

Senator CURTIS. Did all that happen on or about the date the check bears, December 20, 1954?

Mr. PITMAN. That is right.

Mr. KENNEDY. How did that come about, that you drew the check for $2,500? Did you finally have some conversations with him that you agreed you would pay him $2,500?

Mr. PITMAN. I told him that is all I could get, and if I could get that, he would be lucky to get it. So I got that. That is all I could get.

Mr. KENNEDY. How did you go about getting the $2,500? You wrote the check?

My

Mr. PITMAN. How did I go about it? I had to talk-there is a family of seven there. I have four sisters and two brothers. dad passed away and they left them all on my hands. I had to talk to them, keep talking and talking. They didn't agree on it but I had to do it.

Mr. KENNEDY. Who did you get to cash the check?

Mr. PITMAN. My bookkeeper, Mr. Ray Salone.

Mr. KENNEDY. You gave him the check?

Mr. PITMAN. I gave him the check.

Mr. KENNEDY. And he go the cash?

Mr. PITMAN. Right around the corner and got the cash.

Mr. KENNEDY. Did Tony Provenzano come to get the cash?

Mr. PITMAN. Tony was waiting there, waiting in my office for me. Mr. KENNEDY. Did you pay him in your office?

Mr. PITMAN. No. We walked a good distance away. We walked down about a half block and then over by a diner. I passed him the money at the diner.

Mr. KENNEDY. And then you came back up to the office?

Mr. PITMAN. No. I went in for a cup of coffee and he went back for his car.

Senator CURTIS. Was there anything about the transaction_that indicated that anyone else would share in the money besides Tony Pro?

Mr. PITMAN. I don't know anybody else but Tony Pro.
Senator CURTIS. There was nothing that he said?

Mr. PITMAN. Nothing that he said.

Senator CURTIS. That is, that indicated he was going to share that with anyone?

Mr. PITMAN. No, sir; he did not.

Senator CURTIS. You definitely were of the opinion that it was not going to the union but going to him as an individual?

Mr. PITMAN. I couldn't say that. I don't know. I don't know where it was going to.

Senator CAPEHART. Did he ask that you pay it in cash?

Mr. PITMAN. Yes.

Senator CAPEHART. Did he ask that you pay the money in cash? Mr. PITMAN. I don't know. I don't know that.

Senator CAPEHART. Why didn't you give him a check? You made out a check for the cash. Why didn't you make it out in his name? Mr. PITMAN. I didn't think he would accept a check. That is what I thought.

Senator CAPEHART. Did you know whether he would or not? Did you ask him?

Mr. PITMAN. I don't know that. I don't remember that.

Senator CAPEHART. Why were you, a businessman, passing out cash rather than checks?

Mr. PITMAN. I am sure it was cash. I know it was cash. They wanted cash. I know that.

Senator CAPEHART. Did you deduct the $2,500 on your expense account for tax purposes?

Mr. PITMAN. I deducted is on the trucking business as entertain

ment.

Senator CAPEHART. I see.

Mr. KENNEDY. We have here an affidavit, Mr. Chairman, from Mr. Salone in connection with the cashing of the check and the delivery of the money to Mr. Pitman and the visit of Tony Provenzano. Mr. Aporta can identify it.

Senator CURTIS. Have you been sworn, Mr. Aporta?

Mr. APORTA. No, sir.

Senator CURTIS. You do solemnly swear the testimony you shall give before this Senate select committee shall be the truth, the whole truth, and nothing but the truth, so help you God?

Mr. APORTA. I do.

TESTIMONY OF JOHN A. APORTA

Senator CURTIS. State your name, your residence, and occupation. Mr. APORTA. My name is John Allen Aporta. I reside at Coytesville, N. J. I am a certified public accountant and am attached to the professional staff of this committee.

Senator CURTIS. What is the paper that you have before you?

Mr. APORTA. I have an affidavit by Raymond Salone, who is the manager of the trucking company, the Pitman Co., in connection with the cashing of a $2,500 check which Mr. Salone cashed and gave the currency to Mr. Pitman.

Senator CURTIS. You secured the affidavit, did you?

Mr. APORTA. Yes, sir.

Senator CURTIS. You interviewed Mr. Salone?

Mr. APORTA. Yes, sir.

Senator CURTIS. He executed that affidavit in your presence?
Mr. APORTA. Yes, sir.

Senator CURTIS. Mr. Counsel, do you want to summarize it?
Mr. KENNEDY. I would like to have it in the record, Mr. Chairman.
Senator CURTIS. It may be placed in the record at this point.
(The affidavit is as follows:)

STATE OF NEW YORK,

County of New York, 88:

I, Raymond Salone, residing at 47 Laurence Street, East Hempstead, Long Island, N.Y., made this affidavit freely and voluntarily to John Allen Aporta who has identified himself as an investigator for the U.S. Senate Select Committee on Improper Activities in the Labor or Management Field, and I know this affidavit may be used in a public hearing.

On Monday, December 20, 1954, Mr. Arthur Pitman called me on the telephone. He instructed me to issue a check on the Hudson Trust Co. located at 14th and Washington Streets, Hoboken, N.J. The check was made payable to "cash" in the amount of $2,500. It was dated December 20, 1954, No. 3053. This amount was charged on our books to the account of "entertainment."

The check was held in the safe from December 20, 1954, to Thursday, December 23, 1954. At about 11 a.m. Mr. Arthur Pitman called to tell me that he would be down in the office in about 20 minutes. He further instructed me to cash this check. I did so and received from the bank 25 $100 bills which I inserted in a green envelope and placed in the safe.

While waiting for Mr. Arthur Pitman to arrive, Tony Provenzano, business agent for Local 560 Teamsters, came down to our garage at 13–13 Park Avenue, Hoboken, N.J. He came there in his own car and waited for Mr. Arthur Pitman to arrive.

After about a 10- or 15-minute wait, Mr. Arthur Pitman came into the office and asked for the money. I opened the green envelope and counted the money. As he left the office with the money he said, "Watch me where I go."

Mr. Arthur Pitman walked out of the office into the garage where he met Tony Provenzano. Both men walked out of the garage together to the corner near the gas station, a distance of about 125 feet.

I continued to watch but could not hear them. Tony Provenzano was facing me and Mr. Arthur Pitman had his back to me so I really could not see what actually happened.

Then about 10 or 15 minutes later Tony Provenzano came back to the garage, got in his car and drove away.

R. J. SALONE. PHILIP ZIMMERMAN, Notary Public, State of New York. No. 31–9804600. Qualified in New York County. Certificate filed with New York County clerk. Commission expires March 30, 1960.

Sworn to before me this 12th day of November 1958.

Mr. KENNEDY. You gave Tony Provenzano the $2,500?
Mr. PITMAN. Yes, I did.

Mr. KENNEDY. What was the reason that you paid him the $2,500 in cash?

Mr. PITMAN. To stay out of trouble and get everything working right there; that is all. To stay out of trouble; that is all. He wanted the money and kept after me all the time for 7 or 8 months. It got