Evening Star Newspaper, May 5, 1940, Page 8

F.B. I. Is Absolved In Defroif Arrests Of Loyalist Group Jackson Frees Agents of Mistreatment Charges; Report Given Norris BACKGROUND— A case that had attracted only easual attention—the arrest of 10 men and @ woman in Detroit Jor saeking to get recruits jor the Spasisn Loyalist Army—drew na- tional attencion three months ago when Senator Norris charged the prisoners had been mis- treated by agents of the Federal Bureau of Investigation, An im- mediate inquiry was launched by Attorney General Jackson, who now has set up a Neutrality Laws Unit of the Justice Department which in future would have su- pervision over such cases. By J. A. FOX. Attorney General Jackson last night absolved agents of the Fed- eral Bureau of Investigation of using “third-degree” tactics in the arrest of 11 supporters of the Span- ish Loyalist Army in Detroit, con- cerning which Senator Norris, inde- pendent, of Nebraska had com- plained to the Justice Department. The Attorney General based his conclusions on an exhaustive report by Henry A. Schweinhaut, head of the Civil Liberties Unit of the de- partment, who went to the scene of the arrests when Senator Norris told Mr. Jackson that accounts of the case indicated that the conduct of the Federal agents in arresting 10 men and a woman for encourag- ing enlistment in the Loyalist army had been “entirely unexcusable,” and added that “the Government chnnot afford to be given to third- degree methods.” The charges against these defendants have since been dropped. “Specific allegations of mistreat- ment or improper conduct on the part of the agents are few, and they are so inconsistent with the general pattern of the arrest procedure that they can be given littie credence,” Mr. Schweinhaut said. “In some instances, the inaccuracy of the allegations is demonstrable.” Confidence in F. B. I. The Attorney General, who adopted the unusual method ‘of having the report delivered to Sena- tor Norris by Mr. Schweinhaut, in order that his aide might submit to further questioning, if desired, accompanied the 18-page document with a letter in which he expressed his confidence in the F. B. I. “That the agents in Detroit acted within their instructions and exer- cised their discretion in good faith seems clear to me,” he wrote. “Under such circumstances, they are en- titled to my support.” A note of criticism in Mr, Schwein- haut’s report was based on the fact that the 10 men had been chained together, after handcuffing, but this, he said, was not done by the F. B. I. but by deputy marshals who followed their usual practice when a few deputies are handling a large group of prisoners, The deputies took cus- tody of the prisoners after arraign- ment. “While I am unprepared to rec- ommend a substitute for a chain in situations such as this, I do feel that an attempt should be made, in the interest of human dignity, to find some other method in extraor- dinary cases,” he said. The eleventh prisoner, the woman, was not handcuffed. Procedure Approved. The arrests took place simultane- ously on the morning of February 6, last, there being one in Milwau- kee in addition to those in Detroit. ‘The agents struck at 5 am because it was believed certain that the persons wanted would be at home at that hour. In the case of one defendant, who lived in Canada, the agents waited until 7 a.m. when he was apprehended as he left the American side of the Detroit- ‘Windsor tunnel. Mr. Schweinhaut, outlining the procedure that was followed, said it had been approved by the F. B. I. headquarters here. A staff of 46 agents was assembled, with four assigned to the arrest of each defendant. They were to at- tempt to gain entrance to the resi- dence as quietly as possible so as not to arouse neighbors, he ex- plained; they were to identify them- selves promptly by showing their badges and exhibiting the warrants; they were to-direct each defendant to dress himself immediately and were to search his clothes in ad- vance; the defendant was to be handcuffed and two'agents were to conduct him to the F. B. I. fleld office; the agents were not.to per- mit any telephone calls to be made while they were in the respective residences; in order to avoid argu- ment and delay they were not to discuss the case or the facts at that time; they were immediately to search the premises for any evidence connected with the offense charged; they were to be courteous at all times, Broke In One Home. “Upon arrival at the F. B. I. offices, handcuffs were to be re- moved, fingerprints and photo- graphs were to be taken and each defendant examined by a physician called in for that purpose. Each de- fendant was to be given what he wanted to eat. Agents were to interrogate the defendants concern- ing the offense charged, after first advising them they were not com- pelled to answer questions and what they said could be used against them. No questioning concerning the political affiliations, race or re- ligion of the defendants was to be asked. Another physical examina- tion was to be given following the questioning.” ‘The agents had to break in ther Mr. W. P. Doyle of Nashville, Tennesses is making his formal an- nouncement as candidate for President before the National Convention. [ H is to dis- His platform & to g unemployment and balance the budget in two years. home of one man who refused 4o be convinced as to their mission, the report says; at one other home, where search was resisted, prisoner was allowed to telephone his lawyer “in the bellef he-would be advised against resistance.” The lawyer advised objecting to the search, but submitting if the agents insisted. The searches, the report continues, netted “pamphlets, letters, photo- graphs, ledger sheets, index cards, passports, various lists of names and telephone numbers, notebooks, memorandums and literature having to do with Spain dnd the Loyalist cause; the Communist party, the Abraham Lincoln Brigade, the American League for Peace and Democracy and some miscellaneous data” One prisoner was secretary of the Young Communist League, Believed Course Proper. ‘The agents believed this course proper, the report said, but “it is apparent that some of the material taken would not come within the catalogue of seizable matter as out- lined by the BSupreme Court” in the last case considered on the subject. On - the question of the two physical examinations, Mr, Schwein- haut explained that the first is the customary check to determine the condition of the prisoner, while the second “serves to insure against false accusation of mistreatment” when prisoners are taken to court. Mr. Schweinhaut defended the handcuffing of the men when they were arrested, although Senator Norris had emphasized that the prisoners (were not criminals.” “That this practice is sound,” said the investigator, “is illustrated by the fact that about two years ago, an F. B. I. agent arrested a man on & misdemeanor charge, failed to handcuff him at once and was killed by his prisoner.” . After questioning and arraign- ment, the men were temoved by deputy marshals to the Federal re- formatory at Milan, Mich, while the woman was committed in De- troit. Cites Time Allowance. Mr. Schweinhaut commented in this connection that he believed the 15 minutes allowed the prisoners for conference with counsel before their arraljgnment was “insufficient.” ‘The bond set for the prisoners, which ranged as high as $20,000, he sald, was a judicial matter and con- sequently, not within the purview of the inquiry, although it had been criticized as too high. “The comment of the defendants and their relatives on the conduct of the agents and the treatment ac- corded them varies,” the report summed up. “Some say they were courteous; others that they .were not discourteous but blunt; others that they were sometimes polite, sometimes sarcastic; some that they were brusque; some that they were ill-mannered; others that they were sometimes frigidly polite and some- times contemptuous. “The agents say they had been especially instructed to be courteous to the defendants and that they carried opt those instructions. They say that the deferdants, for the most part, were themselves in good humor and co-operative after the shock of the arrests wore off.” Complained of 11l Health. 5 The woman complained, Mr. Schweinhaut said, that she was in poor health and had been “grilled” in a menacing manner, but this ac~ count of her physical condition was disputed by the physician and ma- tron in attendance on her. “She did not impress me as a re- liable’or credible witness,” the report said. The charges against the loyalist group were built up under a 1918 conspiracy statute while the now Justice Murphy was Attorney Gen- eral. It lay.dormant for a year but went to the grand jury the day Mr. Murphy became a Supreme Court Justice, and although the arrests were made after Mr. Jackson as- sumed office, he quashed the indict- ments 10 days later, saying there was no purpose after so long a time the | later. of going ahead with a case of such nature. Senator Norris’ complaint came “I am of course anxious, as you are, that'in law enforcement we do no violence to our traditional civil liberties,” Attorney General Jack- son told Senator Norris in sending him the report. “I am convinced Thomas E. Dewey, New racket busting district attorney, is' the only entrant for the presidential if those liberties are generally en- | ha! dangered in this country, it is not by the F. B. I.” Politics __(Continued From Firat Page) the presidential nomination at the national convention itself. ‘The Roosevelt third term boost- ers did not undertake to enter the President's name in Maryland—as they did in other States, the third term i{ssue was not brought into the primary campaign at all, as it was, for example, in Pennsylvania, where Senator Joseph F. Guffey ran for renomination as the No. 1 Roosevelt Democrat urg- ing & third term nomination for the President. Neither of the candi- dates for the Democratic senatorial nomination, Senator Radcliffe nor Howard Bruce, Democratic national committeeman, took any stand in :'eomd to the third term nomina- n, The Roosevelt forces took & beat- ing in the last Maryland primary in 1938, when they undertook to “purge” Senator Tydings. The Presi- dent himself went into Maryland to campaign for David J. Lewis, now & member of the National Mediation Board. The result was disastrous for the President and Mr. Lewis. Democrats in Maryland, while they may go along with a third- terma, nomination, generally speak- ing, are rather conservative. In- deed, there is some doubt that Presi- dent Roosevelt, if he runs for & third term can carry the State against a strong Republican nomi- nee, according to Democratic lead- ers in the State. Yet Maryland to- day ';nlut still be rated a Democratic State. Rated “Free Delegation.” The delegation to the Democratic National Convention must, it is said, be rated a “free delegation”—not committed in any way to the Roose- ve't third term. And there is rea- son to believe that if Senator Tyd- ings has his way, it will not be- come a third-term delegation. Cer- tainly the delegation will not go to the convention bound in any way to support a third-term nomination. Nor will it be bound to oppose such & nomination. As in other States, the Democratic leaders are looking the Democratic presidential situa- tion over closely—both with refer- ence to the vote-getting ability of presidential candidates and with reference to the situation existing abroad. In the Republican primary, —_— Masons fiamlin The finest piano s ever built or ever ¥ likely o be. Made in Gronds: ond Spinets P JORDAN'S Corner 13th and G Sts. 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