New-York tribune., 1920-01-09
Martens Ready
TO Surrender.
ToCongress
Counsel for Elusive Soviet
Ambassador Says He Will
Bring Him From Hiding
at Lawmakers Request
Weinstein Denied Bail
Refuses toAnswerQ Questions;
Officials Say He Will Stay
at Island Until He Does

vik Ambassador" continued to elude
Department of Justice agents yester-
day, but his counsel, Charles Recht
issued q statement in which he pro-
fessed his ability and willingness to
surrender Martens at any time Con
gress, or a Congressional committee
may fix. Recht said he did not want
his client to fall into the hands of
agents of the Department of Justice.
On Ellis Island three immigration
inspectors held preliminary hearings
for thirty of the 545 alleged "Reds''
in the detention quarters there. A
snag was struck in the afternoon when
Gregory Weinstein was taken before
ono of the inspectors. Weinstein,
until his arrest a few days ago on q
deportation warrant, was chancellor of
the Martens bureau. Before he took
up that work he was an official of
.Novy Mir" the oft-raided Russian
Refuses to Tell Birthplace
The inspector successfully asked
Weinstein his name, age and the coun-
try Of his birth. Weinstein answered
these questions, giving Russia as his
native land. The next question was {:
I'm what part of Russia were YOU
born?"
II refuse to answer without the ad-
vice OF counsel, on the ground that to
do so might tend to incriminate me-"
said Mr.. Weinstein to the amazed in
spector.
Then he was asked if he was a mem
Der of the Communist party and he
made the same reply. After Weinstein
mad refused to answer half a dozen
other questions he was returned to the
detention quarters and the inspector
reported his behavior to Byron II. Uhl,
the Acting Commissioner of Immigra-
ton.
Mr.. Uhl promptly ruled that Vein
stein would not be admitted to bail
hved at $4,000 and would not be al
lowed to see counsel until he did
answer the questions. Mr.. Uhl called
on the telephone, explained the
situation to him and asked if he could
defend such q stand in court in the
inevitable habeas corpus proceedings.
MT. Cahey said he could and would.
Effort at Bail Fails
The Ellis Island ferry on it's O'Clock
trip from the Barge Office at South
Ferry carried Attorneys Swinburn Hale
and Isaac Shorr to the island. They
had with them a hand satchel contain
ing Liberty bonds and other securities
valued at $4,000. They proposed to
have admitted to bail fourteen Of the
prospective exiles. Among those they
wished to have released in bail were
Eugene Newald, managing editor of
Elore.' hungarian Communist daily;
William Radin and Harry Peltz. When
they landed they were told none of the
Reds" could be admitted to bail for a
Afterwards Mr.. Hale. who served
during the war as captain in the
Army Intelligence Service, said that he
was told that the immigration authori-
ties were "too busy with the prelim-
mary hearings to bother with bail"
He said also that both he and Mr..
Shorr had been denied permission to
talk with any of the prisoners. When
he learned that Weinstein had refused
crnment was planning to refuse bail
until he did so, Mr.. Hale said:
"The immigration authorities posi-
tion is that you can compel man to
ipcriminate himself and if he refuses
you can deny him his liberty on bail
This is brand new proposition in
America. We want to know why. Bail
-is right that takes precedence over
all other rights. If these men are
ported, but, if not, we intend to fight
to the last ditch. And what is more
we will have a lot of organizations back
Of us. The only charge against these
people Is that they are members of the
Communist party"
Plan Wholesale Writs
Mr.. Hale, Mr.. Shorr and Rose Weiss,
a woman lawyer, who said she also was
denied access to her clients, told Of a
plan to have all the radicals in the de-
tention pens released on writs Of ha-
beas corpus.
They also said the Civil Liberties
Bureau and the Workers Defense
Union were getting staff Of lawyers
lion proceedings. Mr.. Hale said that
among the lawyers who had already
promised to help in this defense were
Charles Recht, Henry Weinberger,
Walter Nelles, Henry Marrelli, of Pat
erson, N. j.; Mr.. Hale, Mr.. Shorr and
Miss Weiss. Informal assurances Of
aid, he said, had been gained from Ar
thur Hayes and Gilbert Roe.
I'VE are making an effort" said Mr..
chief counsel. We also want Dudley
Field Malone, and would also like to
have the assistance OF Samuel Inter
myer. Unless the government changes
its stand with regard to bail we will
sue out writs of habeas corpus, and, I
ana confident, gain the release Of every
man now held for deportation.
To AK Weinstein's Release
"We will seek writ of habess
corpus for Gregory Weinstein in the
Federal District Court tomorrow
morning. We shall ask for his release
on the ground that his continued de-
tention Ia illegal, because he IL being
deprived of counsel in an effort to
force him to answer questions that
might tend 10 incriminate him."
Two writs of habeas corpus, return
able before United States District
Court Judge Knox, were sued out yes
terday. One was fer William Radin.
whose wife Mary charged that he was
being held Ill gall, az bail had been
offered for his release and refused.
Two raids were made yesterday by
Department Of Justice agents secking
Communist printed propaganda. A
truck load Of papers was seized at the
Offices Of the "yoIks Zeitung," Ger
man language Socialist Newspaper In
IL spruce Street, and like quantity
war taken from the Chatham Press,
= printing establishment In Q East
n