Evening star., 1938-10-22
FARNSW0RTHPLE
VERSION RELATED
Former Garnett Aide Tells
Hearing That Prisoner
Voiced Relief.

Samuel F. Beach, former assistant
United States attorney, who was pres
ent in February, 1887. when former
1t. Comdr. John 8. Farnsworth told
former United States Attorney Leslie
G. Garnett Of his relief over having
pleaded nolo contendere (no defense)
to espionage charges, gave . deposit
ton in this connection here today at q
continued hearing on Farnsworth's
habeas corpus attempt to obtain re-
lease from Atlanta Penitentiary.
Mr.. Beach, at . previous hearing on
Farnsworth's claims that his attorneys
and family "coerced" him into making
the plea. which had the effect Of
guilty plea, told the District Court Of
conferences with Farnsworth's counsel
prior to the plea. When William E.
Leahy. then one of Farnsworth's attor-
neys, told Mr.. Beach the former naval
officer denied signing any statement.
Mr.. Beach produced 15-page state
ment signed by Farnsworth, who not
long after tipped coin and decided
against making any defense.
Mr. Garnett, who also was on the
list Of persons from whom depositions
we're to be taken, testified in the pre-
vious hearing that when Farnsworth
was brought to the district attorneys
Office by Mr.. Leahy and William E.
Hughes. associate attorney. he said he
was glad 1t is all over" Mr. Garnett
declared that when he told Farms
worth the Government had been ready
to prove he received $4,000 on one oc-
casion from Japanese agent, the
prisoner said the correct amount was
$4,000. and that it was for expenses.
To Extend Through Monday.
The taking of dispositions was ex-
pected to extend through Monday.
The proceedings in the ONCE Of Hart
& Dice. shorthand reporters, 416 Fifth
street NV, were interrupted yester-
day when Attorney George S. Hawke
of Cincinnati, Ohio, representing
Farnsworth, objected to the presence
Of newspaper reporters. After two re-
porters had retired on request Of the
notary, Lloyd L. Harkins, pending q de-
cision on the point. third reporter
entered the room and asked for a
definite ruling on the publicity ques-
ton. .
Attorney Hawke Immediately called
for a suspension of the hearing and
moved that a ruling be sought from
the District Court. He contended the
presence Of the press would subject
his client to embarrassment, harass-
ment and oppression" Farnsworth
was not brought here for the hearing.
Justice Oscar r. Luhring considered
the plea in chambers and ruled that
only parties Of interest should be ad-
mitted. He gave special permission for
Mr.. and Mrs. Fred w. Farnsworth Of
Norwood, Ohio, to remain in the room.
Deposition Taken From Two.
Dispositions were taken yesterday
from Mr.. Leahy. Mr.. Hughes, Deputy
United States Marshal Robert L. Ben
ham, who was present with the attor-
neys when Farnsworth was pondering
this plea before entering the court,
and Mrs. Caroline Wimsatt Riley, for
mer secretary to Mr.. Hughes.
Assistant United States Attorney
John w. Nhelly is representing the
Federal Government at the hearing,
which was ordered by the Federal Court
In Atlanta, before which Farnsworth
applied for release
Others on the list for questioning
were Richard Tedrow, attorney who
represented Farnsworth after Mr.. Leahy
and Mr.. Hughes withdrew, and Earl
N. Pendell, shorthand reporter, who
took notes during a previous hearing
in the case
Mr.. Leahy. Mr.. Hughes and Deputy
Marshal Bonham are understood to
have reiterated in substance testimony
given the court here in February, 1887,
in denial Of claims by Farnsworth at
that time that he had been coerced
into pleading no defense"