“I certainly do want to petition for their return,” Durant said angrily.
He was handed a blank petition. And he wrote: “I am the sole owner of said diamonds.... At the time I mailed these diamonds into the United States I assumed that it was not necessary for me to declare them to any governmental agency.... At no time did I intend to import into the United States and thereafter make any disposition of said diamonds in violation of any statute of the United States.... Therefore, I petition for (their return)....”
Immediately after this meeting with Customs agents, Durant and Captain Nash drove from Chicago to Washington, D. C. Durant hurried to the home of his brother in Falls Church. After nightfall, the brothers drove to a spot on a country road halfway between Lee Highway and Route 50.
They parked the car and walked into a woods to a large oak tree. At the base of the tree, Durant buried an ink bottle which contained fifty small diamonds and two large emerald-cut diamonds—together with a roll of gold wire which weighed 8 ounces.
“For God’s sake, don’t forget where we buried this stuff,” Durant said to his brother. And then the two returned to the car and headed back to Falls Church. A few days later, Colonel Durant began his terminal leave prior to being mustered out of the armed services.
Less than a month later, on May 18, Colonel Durant drove into Washington accompanied by Kathleen Nash. They went to a hotel and that night Durant again visited his brother James in Falls Church. Again the brothers drove to the woods on Lee Highway, where they walked to the big oak tree. Durant took a large jar from a leather handbag and buried it at the base of the tree. The jar contained loose amethysts and white envelopes which Durant told his brother contained loose diamonds.
As they drove from the woods, Durant said, “Don’t forget where we buried the jars. There’s enough in them to set us up for life. If anything happens, I want you to have what’s there.” The next day, Durant and Captain Nash left Washington and headed for Chicago.
Now the net was tightening and Durant sensed it. He had heard the disturbing news in Washington that his terminal leave might be cancelled—and this could mean only one thing: the Army didn’t want to lose its hold on him. Then he and Kathleen learned that she, too, might have difficulty in getting out of the Army.
Two weeks after burying the large jar in the woods, Durant telephoned his brother from Chicago.
“Listen, Jim,” he said. “Go to the big tree and get the large glass jar. Bring it to me in Chicago. It’s urgent.”