Evening Star Newspaper, January 29, 1942, Page 10

A—-8 x Jusfice Lefts Refuses To Disqualify Self In Viereck Trial Motion to Delay Case Or Change Venue Taken ‘Under Advisement District Court Justice F. Dickinson Letts today refused a request by defense counsel that he disqualify himself from presiding at the trial of George Sylvester Viereck. At the same time, he took under advisement defense motions to de- lay the trial of the reputed Nazi agent or have it moved elsewhere because of alleged inflamed public sentiment against the defendant here. Attorney Emil Morosini, jr., of New York, appearing for Mr. Viereck, who is charged with failing to make a complete disclosure of his activi- ties to the State Department, earlier had told the court that while the case was pending before Justice T. Alan Goldsborough, the defense re- tained Attorney O. R. McGuire as associate counsel. Mr. McGuire’s son is married to Justice Letts’ niece, whom the jurist reared, he said. Mr. Morosini added that column- ist Walter Winchell charged re- cently that the defendant was try- ing to use some of his influential friends here to deprive the Govern- ment of a fair trial. “Won't Be Tried for Papers.” Justice Letts said “we should not be concerned with any inferences in this case except those to be drawn by the jury. The case will not be tried for the newspapers.” Regarding the request for a change of venue, Justice Letts said “it will be necessary for me to determine what effect the news- paper publicity has had on the com- munity.” Mr. Morosini produced for the record a stack of Washington news- papers which, he contended. “have distorted the defendant, his per- sonality and the crime for which he is indicted.” Pointing out that Mr. Viereck was indicted before war was declared with Germany, Mr. Morosini de- clared the trial should be delayed because of “hysteria” caused by the press. The defense counsel sug- gested the trial, if not delayed, should he held in Baltimore, or be- fore either of two Federal courts in | Virginia. | Pleas Held “Frivolous.” | the attempts to delay or transfer the trial were “frivolous” and that no evidence had been produced to show the defendant could not get a fair trial here. The Government agreed to return | to Mr. Viereck a property allegedly seized by F. B. I. agents from his New York apartment. Accordingly, | a defense motion to suppress this evidence was withdrawn. Hurley Appointment BY the Associated Press. WELLINGTON, New Zealand, Jan. 29—Prime Minister Peter Fraser said today that President | Roosevelt's appointment “of such a | distinguished American” as Patrick J. Hurley to be the first United States Minister to New Zealand was “warmly appreciated by the govern- ment and people” of this dominion. “His presence will serve to| strengthen still further the bonds of | friendship between the Americans and ourselves,” Mr. Fraser said. was in the hospital today, 17 others went to another port. NORFOLK, VA.—~THEIR LIFEBOAT IN NEAR COLLISION WITH SUB—Ten of the eleven sur- vivors brought to the Naval Operating Base here after the tanker Francis E. Powell was torpe- doed, told a story of their lifeboat nearly colliding with the attacking submarine. One survivor —A. P. Wirephoto. 46 Japanese Ships Declared Sunk or \Damaged in Straits 25,000 Nipponese Troops Reported on Transports Sent Down at Macassar Mrs. Gertrude E. MacDonald, 42, wife of Albert P. MacDonald, Mari- time Commission architect, was re- leased from the District Jail today after spending a night there in de- fault of a $3 fine for parking closer than 10 feet to a fire hydrant. Mrs. MacDonald was credited with serving two days of the three-day | By the Associated Press. sentence which was the alternate to LONDON, Jan. 20.—The Sydney | payment of fine. The release was (Australia) radio said today in | issued when the balance of $1 was | paid at Police Court. a broadcast recorded by Reuters M MacDonald, ‘who lves at omac avenue N.W., pleaded | transports have been sunk thus | gujity yesterday when arra)gged be- far in the battle of Macassar fore Judge George D. Neilson. She Straits. | asked if he could impose some (Compilations from United penalty other than a “financial ; rs. On the other hand, the prosecu- | that 46 Japanese warships and 4903 py tion pointed out that the defense will have adequate opportunity to examine prospective jurors as to whether or not they were prejudiced by the newspapers. The Government attorney insisted Wife of Architect Spends Night InJail in Lieu of $3 Parking Fine Mr. MacDonald expressed the opinion today the Police Depart- ment was being “picky” when it | took Mrs. MacDonald to court. The husband said it was his under- standing the automobile was parked 7 feet 5!y inches from the hydrant. | He asserted there was a “no-park- ing” area for about 100 feet on the other side of the plug, which would have provided plenty of room for | a fire engine to park in the event an alarm had been sounded Mr. MacDonald said his wife had suffered a concussion in an accident Monday and voiced a fear her de- tention might have ill effects. Mrs. MacDonald was not required to put up collateral, pending court appearance, but was merely told by Policeman J. F. Corey of the traffic division to meet him at court. Nations' communiques have put | °ne " Subsequently, she told court the total at 36 Japanese ships attaches she would go to jail. | sunk or damaged.) & The Sydney announcement said . » the sunken transports were esti- N c " b ' g | mated to have carried at least 25,000 alls o a ora In | Japanese troops. | . » The London Daily Mail, in a dis- wnh I R A Da|| patch from Cedric Salter, its cor- | e/ respondent in Batavia, said today . | that the Japanese invasion fieet un- A' Dubhn Is Told | der attack in Macassar Strait is “in- | tent on®a full-scale invasion of Java,” and Allied orders are to -rs ) fum it back “at all coste” Opposition Leader Makes | Java is the headquarters of the H Allied supreme command in the | gehdrgde’PRefe:;""g to southwest Pacific. ized Parachuti | The dispatch described the fleet GIIED | c. short, | contended, as a ‘“great convoy of warships, troop transports 4nd supply vessels —100 ships altogether.” The correspondent said the ar- mada, despite terrible losses in ships and men, “is estimated to have 65 ships still afloat carrying 150,000 troops.” “I understand that Gen. Sir Archi- bald Wavell (Allled supreme com- By the Associated Press. DUBLIN, Jan. 29.—The charge that Nazi leaders, dropped by para- | chute on Eire and later arrested, were “in active collaboration with | the Irish Republican Army” was made in the Dail last night by Op- position Leader John Dillon. | Mr. Dillon made the charge after Justice Minister George Boland had mander) has ordered that at all|declared that the banned I. R. A costs the enemy fleet must be forced | was attempting “to bring outsiders back,” Salter added. “The armada into this country.” —what remains of it—now is split |, He referred to the arrest of one Roosevelt (Continued From First Page.) ness on the part of Lt. Gen. Walter | commander of the Ha- waiian Department, to permit the arrest of Japanese agents for failure to register. Such action, Gen. Short | would thwart efforts | made to create friendly relations be- | tween American and Japanese resi- | dents of the islands. In addition to his conference with | Mr. Hoover, the President scheduled | | several ments for today. First of those listed other important engage- | 1p see him was Dean G. Acheson of the State Department for a discus- sion of the revision of the defense | aid program legalities in the light | of this Government's formal entry | into war. | Later, the President was to have a conference with Donald M. Nelson, chairman of the new War Produc- tion Board, and a diplomatic ap- pointment was arranged at noon with Dr. Carlos Martins. Brazilian Ambassador, and Luthero Vargas, War Correspondent Urges Americans fo Forget Pearl Harbor Quentin Reynolds Says War Slogan Is ‘Defeatist’ Quentin Reynolds, war cor- respondent for Collier's Magazine, has returned from the European battlefront with this advice to Amer- icans—stop saying “Remember Fearl Harbor.” Hgnor guest at & party attended by several hundred Government offi- cials, diplomats, Army and Navy officlals and newspapermen at the Willard Hotel last night, Mr. Rey- nolds said a better slogan would be “Forget Pearl Harbor.” The noted correspondent branded the “Remember Pearl , Harbor” slogan as the “most horrible de- featist slogan” he has ever heard. The British, he reminded, didn't DARK RED t say “Remember Dunkirk,” but sim- |ply “shook their fists and looked shead to the day when there wouldn't be any more mistakes.” Mr. Reynolds took a crack at storles which he said had been spread by Germany's Lord Haw Haw and other Axis propagandists, to the effect that Great Britain was let- ting Australians and Canadians do most of her fighting. The truth of the matter, he told the gathering, is that Britgin has suffered more than 150,000 ual- ties, or about ®ix times as many as the combined losses of her colonial possessions. Since coming back to the United States, Mr. Reynolds said he was surprised to hear criticism of Amer- | can planes and tanks. The British | fighting in the desert campaign in| Libya have nothing but praise for | these weapons, he said. Thomas H. Beck, president of the | Crowell-Collier Publishing Co., was | host at the plrty for Mr. Reynol Rugs-Carpets Remnants Lowest Prices—Open Evenings WOODRIDGE RUG & CARPET | .CO., INC. | 1715 Rhode Island Ave. N.E. Telephone—Hobart 8200 KIDNEY BEANS. ... 2 ' 2° NEW PACK FLORIDA GRAPEFRUIT suice Full-Flavored Hawaiian Big 46 or. can 20 Big PINEAPPLE JUICE. "™ 32° FLORIDA GRAPEFRUIT No. 2 cans 2% CALIF. FANCY WHOLE Kabor Fies. Q] tion of racing in California as well as any other occasions of the gath- ering of large crowds was defigned to aid the prosecution of “our war for victory. California Fans Asked Not to Drive to Races E¥ the Assoclated Press. SACRAMENTO, (Calif., Jan. 29— An appeal to Californians not to use the highways in going to and | from the races at Tiajuana was | broadcast by Gov. Olson last night | in a move to facilitate movement of | troops within the State's combat | zone. | If motorists do not voluntarily | discontinue their congestion of | roads to the Lower California race | Gov. Olson said, steps will | be taken by international arrange- | ‘When you spend ments to prevent the crossing of the | il 2 week at The Mexican border by race-bound | Digie, you only tourists. | P pay for 6 days. Gov. Olson urged the public to ou get 1 day understand that the Army’s restric | free each week! ADVERTISEMENT. DAILY RATES FROM S PR - 5250 43» [T T Men, Women Over 40 Don't Bg Wgak, 0ld HOW YOU CAN GET 1 DAY FREE IN NEW YORK DIXIE HOTEL TIMES SQUARE'S NEW SKYSCRAPER HOTFL 250 W. 4370 ST., NEW YORK 1y 5. Start ounger, this very day. ores. HARD CRISP ICEBERG LETTUCE 17 225 CRISP. —— — 2 15¢ SEEDLESS e o 310 HDS. TENDER SWEET CLEAN FLORIDA PEA TEXAS SPINAC CALIF. ORANGES &insr - - = FLA. GRAPEFRUIT 314 JUICY FLA. ORANGES _ _ _2 -~ 35° TEXAS V.. GRAPEFRUIT - _3 - 17° Meat SEASIDE- BRAND CALIFORNIA LARGE UTTER GRAPE-JUICE EANS CANNED LIMAS VERMONT-MAID “SUNSHINE” WHEAT-TOAST WAFERS | into three groups and it is a major | parachutist, Hermann Goertz, some | problem for the Allies to keep each mgnths after he landed in June SYRUP Gen. Sutherland Chief son of the Brazilian president. | group accurately placed so that at- Of MacArthur's Staff Brig. Gen. Allan C. McBride of ‘Washington, tacks can be maintained. “Continuous Japanese bombing of 1940, and said it was “common knowlecge that this man was in ciose contact with the I. R. A. for fighting with ~Gen.| ajjeq airfields in Southeast Bor- | nine months before he was laid by Douglas MacArthur’s forces in the ne, ang Northwest Celebes, from |the heels. ilippines, still is in charge of 1d artillery in the Philippine De- partment, according to the latest reports to the War Department. ‘The Star Tuesday in a feature story | about Gen. McBride, described him as chief of staff for Gen. Mac- Arthur. The War Department states that Maj. Gen. Richard K. Sutherland is chief of staff. WAR PHOTOGRAPHER — Lawrence S. Williams of 610 Powhattan place NW., is shown in the official war cor- respondent’s uniform as a rep- resentative of the War De- partment Bureau of Public Relations. Assigned to duty with troops in North Ireland, he is the first official civilian photographer to join Amer- {can troops on foreign soil. —Army Signal Corps Photo. ™ % which our reconnaissance planes | must operate, has hampered opera- | | tions,” 21 Marine Lieutenants "Promoted fo Captains | Temporary promotion to captain's ‘ | rank of 21 first lieutenants of the | regular Marine Corps, now on active duty, has been approved by Secre- tary of the Navy Knox. The officers were selected by a promotion board. They are: Mann. Edward E. Skimore. Robert L. E. Fagan. Richard Taft, Donald M. Sessions, Frank E. Buchanan, Fitzhugh Hamilton, William Miller, Harry W. _ Orrison. 'Rabert C. Kingsworth. Herman Willlamson. Sidney Schuler. Thomas M. Reilly, Lioyd H Roberts. Clyde C. . Popp. Charles 5 T. Miller, John M. Humphrey. Joseph The Marine Corps announced yes- terday also that Wilbur W. Raybolt of Washington has been appointed to the grade of captain from chief pay clerk. Fashion Show SilfiTerd | For Next Wednesday The Women’s Auxiliary of the District Pharmaceutical Association will hold a fashion show and card party at 1:30 p.m. Wednesday at the Chevy Chase, (Md.) Women'’s Club, Connecticut avenue and Dunlop | street. | Mrs. Jack Schnieder and Mrs. W. | Whittelsey are co-chairmen, while | with an outside power. — | By thc Associated Press. | “I. R. A. members have availed themselves of the support of a for- eign regime whose agents are mak- ing use of them for the purpose of conquest.” “I believe,” Mr. Dillon said, “that the present menace to this state is due to contacts establishesd between the I. R. A. and certain other bodies | Mr. Boland in a first statement had been inexplicit, failing to iden- | tify the organization he said was| | attempting to “bripg outsiders into | | this country.” Mr. Dillon called for | |an explanation. Prime Minister De | Valera answered, and then Mr. Dil- | | lon made his charges. Requiem Mass Is Held For Mme. Henry-Haye A low requiem mass was held this morning at St. Matthew’s Cathedral for Mme. Henry-Haye, mother of | the French Ambassador to the| | United States, who died Sunday in | France. Congress in Brief | TODAY. | Senate: | Considers war plant tax amortiza- tion bill. Appropriations Committee consid- ers $19,000,000,000 naval appropria- tion bill. Banking and Currency Committee studies War Insurance Corp. bill. House: Considers legislation to give emer- gency aid to tobacco and dairy| | farmers. | | Mrs. Paul W. Briggs is president of the auxiliary. Naval Committee studies warrant | officer bill. | Fired by the gallant stand of the Marines at Wake Island, John Ryan Devereux, 3d, 19-year-old nephew of Maj. James Patrick Sinnott Dev- ereux, who commanded the Wake Island garrison, has enlisted in the Marine Corps, it was revealed yes- terday. He will leave for the Ma- rine Corps training base at Parris Island, S. C., February 9. “Jack,” as he's known to his | schoolmates at the Landon School for Boys in Bethesda, explained that he wants a crack at the Japanese who stormed Wake Island. He lives at No. 1 West Bradley lane, Chevy Chase, Md., and would have been graduated next spring from school. He wanted to enlist Nephew of Wui<e Island Chief | Joins Marines to Fight Japs earlier, but was persuaded by his family to finish the school semester. | “He has been very much worked | up ever since Wake Island was at- tacked,” his mother said. “He hopes to go to the Pacific and meet the Japanese.” The Devereux family has a mili- | tary background. Jack’s grand- : father organized an ambulance corps here in the First World War after serving in the Spanish-Amer- | ican War. His father, now a Fed- | eral engineer, fought in France | when he was 19. Maj. Devereux. has been Jack's idol, Mrs. Devereux said, and they have much in common, including their love for horses. Jack is cap- tain of his school’s riding team. Y The problem of finding office space for staff officers of the United Na- tions, particularly the large delega- tion of British officers, was to be dis- cussed in a conference with William McReynolds, an administrative as- sistant. Court Adjourns in Honor Of Edward S. Brashears When Justice James M. Proctor, pre-trial and assignment justice at District Court, opened court today, Attorney Paul B. Cromelin, on be- half of the Bar Association of the District of Columbia, officially | brought to the court’s attention the death on Tuesday in Doctor’s | Hospital of Edward S. Brashears, who practiced law here for more than a quarter of a century. He was at one time a law partner of Justice Proctor. Justice Proctor adjourned court out of respect to Mr. Brashear's memory. The jurist attended the burial of Mr. Brashears this afternoon in Arlington National Cemetery after services at Hamline Methodist Church, where the lawyer had been | a trustee for several years. Attorney Cromelin characterized | Mr. Brashears as “a devoted and loving husband and father, trus Christian gentleman and true friend.” He declared he would be | long remembered. “The line of home defense is the | line at the window marked “United | States Defense Savings Bonds and | Stamps.” } Thousands Reliéve Constipation, with Ease for Stomach, too|| When constipation brings on aci digestion, stomach upset, bloating, dizzy spells, coated tongue, sour taste and bad breath, your stomach is probably “crying the blues” because your bowels don’t move. It calls for Laxative-Senna to pull the trigger on those lazy bowels, combined with Syrup l::rin for perfect ease to&g:\r stomach in taking. For years, octors have given pepsin prepa- rations.in their prescriptions to mal more agrecable toa touchy st ach. So be sure your laxative contains Syrup, Peé:i‘n Insist on Dr. Caldwell’s Laxative Senna combined with Syrup Pep- sin. 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