The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-12-13
Former Khaki Shirt
Clears TerZani;
Names Real Killer
Continued from Page II

crop. A free-for-all fight started, he
related, and while Fferro and Smith
we're graphing, Mof1et stood on a
bench and shot Fierro in the back
with an automatic pistol.
A little later, Vein declared, he
heard Gen. Dominick Siana Of the
Khaki Shirt organization say to Moi
fer, why did you kill hin?"
On several occasions, the witness
said, Smith told him, 'you must help
back me up in this" referring to
Smiths accusations against Terzani.
The Khaki Shirt chief also made re-
peated threats, Vein asserted, and at
one time said that if Vein didn't
testify as Smith demanded, that he
would skill me and all the other
Jews"
Fear Of death at the hands of
Smith and his crowd caused him to
lie in his testimony before the grand
jury, he said in court yesterday.
did you deliberately tell an
untruth before the grand jury?"
Judge Downs asked the witness bel
+ ligerently.
mo" replied Vein, 'T answered
that way because I had been threat
ened. I was afraid I would be
killed"
"If you lied then, are you telling
/ the truth now" pursued the judge.
eyes, am not afraid now"
When the judge turned in his chair,
| e.. x,y,l III
he was fully aware" OF his position
before the grand jury and whether
he knew the significance of an oath, -
Defense Attorney Hays vigorously OBJ
| jected.
"You are practically threatening
the Witness" Hays protested, that If
he insists that his testimony now is
the truth, he is liable to prosecution
| for perjury before the grand jury.
Moreover, you are serving notice that
If any of the other Khaki Shirts tell
the truth about the murder of Nerro,
they will get into trouble"
81 have no such purpose" the Judge
declared, gazing angrily at the
! lawyer. "I am simply trying to get
at the truth"
Immediately upon the conclusion
Of Veins dramatic testimony, the
district attorney asked the Judge to
excuse the jury. When the jury had
left the courtroom, the prosecutor
walked toward the judges bench with
the defense attorneys close ON his
heels.
1.-THE witness has admitted" said
the prosecutor, ''that he did not tell
the grand Jury the truth. I request
that you hold him on q charge Of
perjury"
Characterizing the request as "out-
rageous," Defense Attorney Hays
charged that the district attorneys
Office was more concerned with rail-
reading Vein than In prosecuting
the real slayers Of Fierro.
"Why doesn't the district att0r-
ney ask for the arrest Of Moffer,
charged here with being the muir
derer Of FierrO?" Hays demanded.
A heated clash between the Judge
and Hays ensued when the former
sought to discredit Veins testimony
saying that "just because some cow
ulNuy WllclpS were dlTdlu OI ATt D.
Smith, that doesn't mean that OF
anyone other man would be afraid
you might be, If you were menu
Der of the Khaki Shirts" Hays
countered.
When the lawyer charged that
Vein was justified in fearing Smith
as a result Of previous murders
which had been committed, the Judge
said that he was not interested in
unsupported accusations"
That's what some people say Of
the murders by the Na5is in Ger
many" Hays retorted.
Hays was among the foreign at
torneys who sat as observers at the
frame-up trial Of Torg1er, Dimitroff.
Tanef and Popoff.
Art Smiths story that he accused
Terzani before anyone else did was
contradicted by prosecution witness
at the morning session yesterday. The
witness,
Nolan seid that ~ soon ae he en-