Evening star., 1926-04-01
LIEUT.. FAGA Wins
TWOLEGAL POINTS
Maj. Wirgman and PhiIadel.
phia Telier'S Testimony
Branded HearSay.

Counsel defending Lieut.. Villa IN ~.
FaEa. quartermaster Of the Marine
post at Anna polls. Md. who Is on trial
before a general cOurt.martial q the
navy yard here on six charges of
desertion. embezzlement. theft, neglect
of duty and conduct pre- judicial to the
service and unbecoming an officer. To.
day won two important legal points
and forced the prosecuting attorneys
TO file a request that the court-msrtisl !
be removed TO Philadelphia in order
To obtain original evidence and testi.
mony.
rhe two legal victories won toda V
caused the striking from the record
of the ma jor portion of important
testimony adduced Yesterday and
earlier today from the prosecution :
two witnesses who have so far ap-
peared. BY one Of these decisions by
the court. Faga is relieved from az.
counting for fund amounting tc
about 81 400, of which he was sup
posed to have had custody. BY the
other. evidence concerning a check
transa ction was declared incom petent
Lucien N. Van Doren today as.
sumed leadership OF the defense coun.
sci. being assisted by Attorney vii.
liam j. Hughes, 1r.. and Lieut.. A. Vic.
also Is defense attorney. Prosecut.
ing are Capt. r. r. Taylor. Judge ad.
vocate, and Lieut.. A. W. l.. Gordon.
Major Opened Safe.
The first victory was won In the d..
letion of the testimony of Mai. Harold
F. Wirgman, comma ndant OF the Ma.
rine post at Annapolis. who had tes-
titled that when he broke Open the
Quartermas sterS safe on becoming nm.
easy as to the posts funds. he found
but 20 cents. where he supposed WAN
n fund of 81 ,40G. which he aid hat
accrued from receipts from the sale OF
junk by the posi- to an AnnapOIIs
dealer.
ON crOss-examinatiOn, Mai. WirR.
man admitted that he had no persona I
knowledge OF the money received
from the sale and that his only infor.
nation was from seeing stubs OF
checks supposed to have been written
by the junk dealer. The court ordered
the entire reference to the S1.4O0
stricken as "hearsay."
The other victory came on the tes.
timony of Joseph F. Heavy. teller of
the National Bank OF Commerce Of
Philadelphia. which cashed a check
for 500 payable to the accused ON
Ger. The entire testimony of Mr..
Heavy was stricken on motion OF de-
fense counsel as being hearsay. in
that he had no personal knowledge Of
the check itself.
Check Was Made Good
Miss Cecile Pashew OF Philadelphia
1t was testified. was the indorser of
the t100 check In question, which was
returned from the Annapolis bank
marked Insufficient funds" Ii was
learned that when the check was pro
tested the amount was made good
within 4S hours, it was learned
Capt. Taylor. after losing his point
on the competency Of the testimony
Of Heavy. offered a letter to Secretary
OF the Navy Wilbur requesting that
the court he removed to Philadelphia
Comdr. John b. Rhodes president OF
the court, directed that all possible
testimony he taken here first. The
court adjourned until tomorrow morn
ing, when the testimony of Mai. wirs-
man will be continued
Prospect of a long.drawn-out trial
loomed with the announcement by the
Judge advocate and the defense that
they had long lists of witnesses.