New-York tribune., 1919-02-27
Alien Deported
As Release on
Writ l. Sought
Peter Marucco Brought Here
and Immediately Started
ON His Way Back to Italy
Accused Of Being Red
Commissioner Uhl Says He
Did Not Know Attorneys
We're Working on Case

Sidney Eleisher, associated with
Charles Recht, who, with Miss Caroline
Lowe, has been active in defending the
forty-one I. w. W held at Ellis Island
for deportation. accused the local i'm
migration authorities yesterday Of dc
porting Peter Marucco, a miner, know
ing that a writ of habeas corpus was
to be served in his behalf.
Byron II. Uhl, Acting Commissioner
of immigration, denied having any
knowledge of the contemplated writ.
According to Nh Fieisher, he was
retained last Wednesday by Jacob Mar
COLES, lawyer, of Pittsburgh, by tele-
graph, to defend Marucco, who had
been ordered deported as an anarchist.
Mr.. Fleisher also received a copy of
the record of Marucco'a hearing. This
contained the questions asked con-
rerning Msrucco's opinions OH the sub
ject of violence in the overthrow OF
government, and his answers.
Mr.. Fleisher says he prepared the
writ of habeas corpus on Wednesday,
believing Marucco had already arrived
at Ellis Island,
Found He Was Gone
With this belief, Mr.. Fleisher ex-
plained, nc telephoncd Commissioner
Uhl Wednesday, and asked him wheth-
er he could send his notary to the
Island "a take Marucco's acknowledg
of c
corpus writ. According to Mr.. Fleish-
er, Mr.. Uhl told him this could not
be done without permission from
Washington.
On Friday, said Mr.. Fleisher, Louis
Marucco, the prisoners brother, came
to his Office and informed him Mar
ucco had arrived that day. Mr.. Fleis-
her said he had the brother sign the
petition, and on Monday the writ was
presented to Judge John c. Knox, Of
the United States District Court, who
signed it.
As soon as the writ was signed, said
Mr. Fieisher, man was sent to Ellis
h Island TO serve it. On reaching the
island he was informed that Marucco
was on the ocean.
Mr.. Fleisher said .the immigration
authorities were entirely within the
law in deporting Murucco, but that il
is unusual TO deport any one within
twenty-four hours Of arrival at Ellis
Island.
Uhl Didn't Know 1t
Commissioner Uhl said over the tele.
phone yesterday that he had no knowl
edge Of the possible service of writ
in this particular case, and that Maruc.
co had been placed on a ship sailing
for Naples. Italy, OH Saturday.
The petition asking for Marucco's r..
lease says he was arrested under a de
portation warrant, dated May TO- 1918
and taken before United States Tmp1j
sration Inspector at Latrobc, Penn
where nc was given hearing on May
90, 1913.
5iarucco was then released on ball
vntil December 70, 1918, when ne was
further examined and ordered sent 10
Ellie Island. According to Fleisber's
petition, Marucco believed he. wss or
dered deported because he is an anascb
list and on the assumption that he he
Iioyes an the overthrow Of the United
States Government and all other gov
ernments by means Of violence
Such doctrine iB denied by Marucce
in his petition. lie sayg he is a. miner
and has been in the United States
since juiy. 1903. He denies that he il ;
member Of any organization that be
steses 10 violence. and declares that h.
docs not believe ia violence HIMSELF
Distributed Suppressed f'aper
According 10 Warucco's petition tn.
government. case against him i,
BASED on the charge that nc distributed