Evening star., 1937-02-23

Proctor to advise him II he had any
appeal from the ruling, the jurist told
him to consult an attorney, but later
said he would have Farnsworth's ex-
ception to his decision recorded so
that 1t might form the basis to an
appeal.
Justice Proctor instructed Assistant
United States Attorney Samuel F.
Beach to submit q statement contain
ing the history Of the case not later
than tomorrow. and to have copy
Of it served on Farnsworth in his Dis
trict Jail cell. He said he wanted
such a statement to guide him In i'm
posing sentence.
Farnsworth indicated he intended
to retain other counsel and appeal.
Garnet Tells Of Conversation.
One of the high lights Of the hear
ing was an account furnished by
United States Attorney Leslie c. Gar
nett of q conversation with Farms
worth after he had pleaded "nolo
contendere."
Garnett said Farnsworth asked per-
mission to see him and was brought to
his ofice.
II told him was willing to assume
that excessive alcoholism had weak
ened his moral fiber 50 that he ac-
cepted $4,000 from the Japanese gov
ernment," Garnett declared.
"'well, that's $4,000 a year. Farms
worth replied" Garnett continued.
II told him we had proof that he
got 23 500 bills in one day to cover
his expenses from Ohio to Washing
ton, and he said No, it was $4,000.
He left my office in perfect good
humor and seemed satisfied with his
plea"
When the hearing began. Leahy
asked permission for him and his
associate, Hughes, to withdraw from
the case. Justice Proctor, however,
refused to allow the withdrawal until
Farnsworth said he had discharged the
attorneys.
Beach recounted the history Of the
case since Farnsworth's arrest July Is,
and said the defendant was thoroughly
aware Of all details Of the charges.
He presented an afndavit by Deputy
United States Mashal Robert L. Bon
ham, who was present during the con-
ference in o court house witness room
q week ago yesterday, at which Farms
worth, Leahy, Hughes and Hughes
secretary, Caroline Wimsatt, were
present.
At no time, Bonham stated, did
either of the attorneys or the secre-
tary try to get Farnsworth to plead
guilty" or "nolo contendere" because
Of the disgrace a public trial might
bring to his family. The court at
tache said neither of the attorneys
even mentioned Farnsworth's family.
Beach concluded by charging that
Farnsworth's petition for permission
to change his plea was merely trick
in the hope he would catch the Gov
ernment unprepared. He Is triding
with the Government and he Is trifi-
ing with the court"
Farnsworth explained that the let
ter he wrote Justice Proctor last week
asking to be allowed to withdraw his
plea was caused by publicity given his
case, although he had been assured
that it would receive "only routine"
mention in the newspapers. He said
he was not blaming his attorneys so
much for his plea as he was his family.
He told the court that members OF his
family had said the publicity OF q
trial would interfere with the chances
for promotion Of a brother-in-law
who Is In the Navy. He safd he had
never doubted his plea would be mot
guilty" until the day before he was
brought into court.
when my attorneys came to me,
I told them that I wouldn't plead
guilty II the President Of the United
States asked me and had to serve
only one day in jail" Farnsworth said.
Referring to Leshy, Farnsworth
declared: "I didn't hire him. He
was hired by my family to save the
family name at my expense. Now I
am going to save 1t myself"
Asserting that he was not q spy, but
had merely represented himself to be
one in order to sell a story to the
Hearst newspapers, Farnsworth said
that II put on the stand he would
prove $50 per cent Of the things the
Government claims did" He added
there was no need for bringing q great
number of witnesses here for his trial.