Evening star., 1937-03-03
FARNSW0RTHSENT
TO ATLANTA CELL
Six of "Warring Gang" &c
to Federal Penitentiary
in LeaVenW0rth.

Quietly last night. John S. Farms
worth, accused spy, and the six mem
bers of the so-called "Warring gang"
who were convicted of the gang
shooting on July 81 Of Joseph E.
O'Brien, were taken from the District
Jail and sent to distant Federal peni-
tentiaries to serve their sentences.
FarnsWorth was sent to Atlanta and
the Warning gangsterS to Leavenworth.
With FarnSWorth went Frank H. Ac.
ton, who was convicted month ago
of manslaughter in the shooting Oc-
tober 4 of Donald E. MurSch, 20, at
Eleventh and F streets southwest and
sentenced to from to IS years.
The transfer of the prisoners was
made without prior announcement and
on recommendation of United States
Attorney Leslie c. Garnett.
Garnett explained he thought 1t
best that all Of the prisoners involved
serve their sentences at places far re-
moved from the scenes of their crime.
He was particularly interested to
put many miles between the Warning
men and their liquor-running busi-
ness here. They included Charles r.
Rags) Warning, Joseph S. Bond, con-
fessed trigger man" in the O'Brien
shooting; Samuel S. Montgomery.
Clarence Ware. John Sweeney and
Gearge F. Tear All but Tear were
sentenced to prison terms of l8
months to years.
Tear Gets Additional Term.
Because Tear already was serving a
sentence of 18 months to 2 years
for using a smoke screen, Justice Pey-
ton Gordon of District Court, i'm
posed an additional term of two to
three years and ordered that 1t run
concurrently with the early sentence.
He explained this arrangement will
result in Tear serving approximately
the same term for the assault on
O'Brien as his companions.
Attorney for the man admitted in
the court recently that OBrien was
shot in bottleggers' war.
Transfer of Farnsworth to Atlanta
| will put an end to any possibility Of
his obtaining his release by habeaS
corpus from the local courts, since
such an action must be brought in the
| jurisdiction where the prisoner is
confined.
FarnSWorth is under sentence to
serve from four to II years in prison.
He pleaded nolo contendere to an in
| dictment charging he conspired with
| two former assistant naval attaches
Of Japan to convey defense secrets
to that nation.
Attempted to Change Plea.
The former Navy lieutenant COM
mander later made strenuous but un-
successful efforts to obtain permission
to change his plea to not guilty
He contended that he pleaded nolo
| contendere under extraordinary pres
sure" and that he wanted to go to
trial on the conspiracy and on another
indictment accusing him of COM
municating to Japan facts embodied
IN a confidential publication. The
Service of Information and Security
Garnett revealed this morning that
he has nolle pressed the latter indict-
ment.
The time allowed for the notation
of appeals for both Farnsworth and
the Warning mob has elapsed, Garnett
said.
Acton was tried for first degree
murder, but a jury found him guilty
of manslaughter. He testified he
shot Mursch when the man threatened
him because he would not join in q
proposed burglary. He told the Jury
he had spent 16 of the 35 years of
his life in prison for various offenses.