Evening star., 1937-02-16
WE|CHSSENTENCE
+. FOR FARNSWORTH
Justice Proctor Considers
Nolo Contendere Plea in
Navy Spy Case.

@U4Al ~ Alo WI VII N4oSAANA eSA
lieutenant commander in the United
States Navy, was back in the District
Jail today awaiting sentence for con-
spring with two japanese naval ON
GERS to commit espionage against the
United States.
The slender. 42-year old former Of
hcer saved the Government the ex-
spense and trouble Of trying him by
entering plea of 'nolo contendere, u
In District Court late yesterday. This
Is tantamount to a plea of guilty
:. Justice James M. Proctor has taken
under advisement the matter of SEN
fencing Farnsworth. The Federal
espionage statute provides a penalty
of "up to 20 years" for peacetime
violations of the rarely invoked law.
May Halt Second Action.
:. Meanwhile, United States Attorney
Leslie c. Garnett will hold in abey-
ance plans for trying Farnsworth on
second indictment charging him
with supplying to representatives OF
the japanese government a highly
/. confidential naval volume, known as
= 1.-THE Service of Information and Sc
curity" 1t was indicated the seconc
charge may not be pressed, in view
of Farnsworth's plea in the con.
spiracy case.
BY his technical plea Farnswortf
admitted his inability to refute the
Governments charges that he con.
spired with Comdr Yosiyuki Itimiys
and Lieut.. Comdr. Okira Yamaki Of
. the Japanese Navy to reveal Ameri.
can naval secrets to Japan.
The Japanese officers at the time o.
: the conspiracy charged in the indict.
s. ments we're naval attaches at tht
. Japanese Embassy here. Prior to the
a arrest OF Farnsworth here on July /;
/, last by Federal Bureau of Investiga.
ton agents and naval intelligence Off.
? GERS. the attaches were recalled t<
Japan.
. Attaches Offer No Statements.
o The Japanese attaches could not be
prosecuted because of diplomatic i'm.
munity. Farnsworth's attorneys triec
: in vain to have them come here Oh
give dispositions for use by the de.
fense. Farnsworth repeatedly has tolc
: newspaper men he intended to show
{ that his dealings with the two Japa.
. nese officers had to do with his re.
. quest for employment as organizer ot
q naval air force in Japan.
: The Government, on the other hand
. summoned more than so witnesses
many of them from the Battle Fleet
!. In substantiation of charges that
/ Farnsworth plotted with the japanese
to obtain secret data from naval
sources, and that he approached q
number of American naval officers In
his attempts to secure these data.
Some of the information which
. Farnsworth sought, according to Sam
uel Beach, assistant to Garnett. in
volved important Fleet problems" ano
other wartime strategy.
Plea Comes After Conference.
. Farnsworth was brought into court
I late yesterday by deputy marshals
accompanied by his attorneys, Will
. liam E. Leahy and William ]. Hughes
. Jr. A series of conferences behind
. closed doors led up to the decision by
Farnsworth to make his plea. Justice
Proctor twice delayed opening of the
trial to permit the conferences to
reach conclusion.
With Farnsworth standing beside
him. Leahy told the court his client
wished to withdraw his not-guilty plea
and to plead "nolo contendere." JUS
tice Proctor asked Garnett If the plea
was satisfactory to the Government,
and when the prosecutor said 1t was,
Proctor then turned to Farnsworth
and asked him directly how he now
wished to plead
'Nolo contendere," Farnsworth re-
piled in a low tone. The small mus
tache which he had when he was ar
raigned some months ago was missing
and he appeared to have gained some
weight.
The prisoner was led from the court
room Immediately and returned to Jail.
A capacity audience In the court room
appeared disappointed, as the testi-
mony was expected to be sensational
in several of its phases.
The Government had expended
about $4,000 in defraying transpor-
tation costs of many of the witnesses,
It Is said.
Farnsworth was dismissed from the
Navy in 1927 for engaging in improper
financial relations with an enlisted
man.