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Justice Letts 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 ft 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.” On the other hand, the prosecu 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 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 i to Mr. Viereck a property allegedly i seized by F. B. I. agents from his i New York apartment. Accordingly, ; a defense motion to suppress this i evidence was withdrawn. -. New Zealand Welcomes Hurley Appointment By the Associated Press. WELLINGTON, New Zealand, ! Jan. 29—Prime Minister Peter Fraser said today that President j 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 j strengthen still further the bonds of \ friendship between the Americans : and ourselves,” Mr. Fraser said. I I Gen. Sutherland Chief Of MacArthur's Staff Brig. Gen. Allan C. McBride of Washington, fighting with Gen. Douglas MacArthur's forces in the *,ilippines. still is in charge of Id artillery in the Philippine De partment, according to the latest | reports to the War Department, i 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 ican troops on foreign soil. —Army Signal Corps Photo. NORFOLK, V A.—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 was in the hospital today, 17 others went to another port. —A. P. Wirephoto. 46 Japanese Ships Declared Sunk or Damaged in Straits 25,000 Nipponese Troops Reported on Transports Sent Down at Macassar By the Associated Press. LONDON. Jan. 29.—The Sydney i <Australia* radio said today in ; a broadcast recorded by Reuters ! that 46 Japanese warships and transports have been sunk thus far in the battle of Macassar Straits. (Compilations from United Nations' communiques have put the total at 36 Japanese ships sunk or damaged.) The Sydney announcement said the sunken transports were esti mated to have carried at least 25,000 Japanese troops. The London Daily Mail, in a dis , patch from Cedric Salter, its cor respondent in Batavia, said today that t'he Japanese invasion fleet un der attack in Macassar Strait is "in tent on *a full-scale invasion of Java.” and Allied orders are to turn it back "at all costs” j Java is the headquarters of the | Allied supreme command in the I southwest Pacific. The dispatch described the fleet as a "great convoy of warships, troop transports And supply vessels j —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 (Allied supreme com | manden has ordered that at all costs the enemy fleet must be forced back,” Salter added. “The armada —what remains of it—now is split into three groups and it is a major problem for the Allies to keep each group accurately placed so that at tacks can be maintained. “Continuous Japanese bombing of Allied airfields in Southeast Bor neo and Northwest Celebes, from which our reconnaissance planes must operate, has hampered opera I tions.” 21 Marine Lieutenants Promoted to Captains By the Associated Press. 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. Hie officers were selected by a promotion board. They are: Mann. Edward E Skimore. Robert L. Benson. Albert E. Fasan. Richard Taft, Donald M. Sessions. Frank E. Buchanan. Fitzhugh Hamilton. William Miller. Harry W Orrlson. Robert C. Kingsworth. Herman Williamson. Sidney Schuler. Thomas M. Reilly. Lloyd H Osmondson. Otto Roberts. Clyde C. Whitman, Ervin R. Popp. Charles Nicholas. Henry T. Miller, John M. Humphrey. Joseph The Marine Corps announced yes terday also that Wilbur W. Raybolt of Washington has been appointed i to the grade of captain from chief | pay clerk. — Fashion Show Slated 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. i Mrs. Jack Schnieder and Mrs. W. j Whittelsey are co-chairmen, while i Mrs. Paul W. Briggs is president of | the auxiliary. Wife of Architect Spends Night In Jail in Lieu of $3 Parking Fine 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 S3 fine for parking closer than 10 feet to a Are hydrant. Mrs. MacDonald was credited with j serving two days of the three-day sentence which was the alternate to payment of fine. The release was issued when the balance of $1 was paid at Police Court, Mrs. MacDonald, who lives at 4903 Potomac avenue N.W., pleaded guilty yesterday when arraigned be fore Judge George D. Nellson. She asked if he could impose some penalty other than a “financial one.” Subsequently, she told court attaches she would go to jail. ‘ 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 51* 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. P. Corey of the traffic division to meet him at court. Nazis Collaborating With I. R. A., Dail At Dublin Is Told Opposition Leader Makes Charge, Referring to Seized Parachutist B) the Associated Press. DUBLIN, Jan. 29.—The charge that Nazi leaders, dropped by para- j chute on Eire and later arrested, I 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 declared that the banned I. R A. was attempting "to bring outsiders , into this country.” i He referred to the arrest of one parachutist, Hermann Goertz, some months after he landed in June. 1940. and said it was "common knowledge that this man was in ciose contact with the I. R. A. for nine months before he was laid by the heels. “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 with an outside power.” Mr. Boland in a first statement had been inexplicit, failing to iden | tify the organization he said was ■ attempting to “bring outsiders into i I this country.” Mr. Dillon called for | an explanation. Prime Minister De Valera answered, and then Mr. Dil ! Ion 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. Naval Committee studies warrant officer bill. Nephew of Wake Island Chief Joins Marines to Fight Japs Fired by the gallant stand of the Marines at Wake Island, John Ryan Devereux, 3d, 19-year-old nephew of Maj. James Patrick Slnnott 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 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 i 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. Roosevelt <Continued From First Page.) ness on the part of Lt. Gen Walter C. Short, commander of the Ha waiian Department, to permit the arrest of Japanese agents for failure to register. Such action, Gen. Short contended, 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 other important engage- ’ ments for today. First of those listed Vo 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, son of the Brazilian president. 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 McRevnolds, an administrative as sistant. Court Adjourns in Honor 01 Edward S. Brashears When Justice James M. Proctor, pre-trial and assignment justice at District Court, opened court today, i 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, true Christian gentleman and true friend.” He declared he would be long remembered. Yhe line of home defense is the line at the Window marked "United States Defense Savings Bonds and Stamps.”_ ADVERTISEMENT. Thousands Relieve Constipation, with Ease for Stomach, too When constipation brings on acid in digestion, stomach upset, bloating, dizzy spells, gas, 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 Pepsin for perfect ease to your stomach in taking. For years, many Doctors have given pepsin prepa rations, in their prescriptions to make medicine more agreeable to a touchy stom ach. So be sure your laxative contains Syrup Pepsin Insist on Dr. Caldwell’s Laxative Senna combined with Syrup Pep sin. See how wonderfully the Laxative Senna wakes up lazy nerves and muscles in your intestines to bring welcome relief from constipation And the good old Syrup Pepsin makes this laxative so com fortable and easy on ydur stomach Even finicky children love the taste of this pleasant family laxative. Buy Dr. Cald well’s Laxative Senna at your druggist today. Try one laxative combined with Syrup Pepsin for ease to your stomach, toa. - ■ ■ ■ War Correspondent Urges Americans to 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." Hpnor guest at a party attended by several hundred Government offi cials, diplomats. Army and Navy officials 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 say “Remember Dunkirk,” but sim ply “shook their fists and looked ahead to the day when there wouldn’t be any more mistakes." Mr. Reynolds took a crack at stories 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 Britain has suffered more than 150,000 casual ties, or about six 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 ican planes and tanks. The British fighting in the desert campaign in i Libya have nothing but praise for these weapons, he said. Thomas H. Beck, president of the1 Crowell-Collier Publishing Co., was | host at the p&rty for Mr. Reynolds. 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