The Waterbury Democrat., 1939-11-16
BY MARTIN KANE

(Unlted Press staR Correspondentl
 New York, Nov. @16 - (U.P0 - xrits Kuhn, ENiehrer of the Ger man. American Bund, had q right to take the Bunds money and "throw 1t down . sewer" if he want cd to, Q defense witness testified at Kuhn's grand larceny trial today.
 The witness was James Wheeler Hill, national secretary of the bund from which the state charges Kuhn stole ct least $674.73 with which to pay the medical bills and moving expenses of two women friends.
 Under the leadership principle" the witness said, Kuhn had supreme authority in the Bund and could do as he pleased with Its money.
 General Sessions Judge James G. wallace interposed a question while Peter l.. F. Sabbatino. Kuhns coun- sci, was examining Wheeler.Hill.
 Throw It In Sewer
 Even throw 1t down e Sewer2" the sudge asked.
 "Yes, sir" the witness responded.
 "This leadership principle, Sab batino the masked "has been in ef- feet since the Bund was organi1ed?"
 'YeS, sir"
 When Wallace again pressed the witness about the leadership prin- ciple" and his knowledge of Bund finances, Sabbatino, for the seventh time, moved for Q mistrial. The mo- ton was denied.
 Shortage Reduced
 Before the state rested Sabbatino had brought from Benjamin Blatt- ner, accountant for the state, ad- mission that there was "a discrep- ancy" of $500 in his testimony concerning the amount of money missing from the Bunds treasury.
 Assistant District Attorney Her. man J. Mccarthy had attempted on redirect examination to explain that the discrepancy was due to the fact that the state had been unable to get certain dues sheets introduced in evidence.
 In cross-examining Wheeler Hill, Mccarthy asked if the Bund con- stttution provided for the leadership principle.
 "Yes, in 6 way" the witness said.
 Read it." Mccarthy ordered.
 It says the national leadership shall interpret all laws of the Bund," Wheeler Hill replied.
 Mccarthy, preparing the way to future strategy, sought to show that . Bund lawyer, Vahan Kalendarian, was present at the 1889 convention when the Bund delegates voted con. ddence in Kuhn after his indict- ment.
 At the start of today,s session As- sistsnt District Attorney Herman J, | Mccarthy said the Bund leader was now accused of stealing only S674.7S from the Bund's treasury, the money having allegedly been used to pay | medical bills and moving costs for | two women friends Of Kuhn.
 When the trial began, however, authorities had estimated the al- legSd thefts at something like 4S,- 600 and subsequently, had pared | the figure down to $4,A2422.
 Peter L. P. Sabbatino, defense at- torney, then obtained from Ben- janin Blattner. accountant who had analysed the Bund leaders books for the state, an admission that there was "a discrepancy of $3,8O0' in his testimony.
 Went Over Accounts
 6abbatino had spent yesterday, while the trial was in recess, going | over Kuhns books with an account ant.
 When did you discover this diff. 9erence7" Sabbatino asked Blattner on cross-examination.
 we had the figures all the time but worked 1t out yesterday" the states accountant replied.
 Judge Wallace interposed fre- quently to clarify the situation and 9abbatino objected each time. Fin. ally, he moved for a rnistrial. Wal. lace denied the motion.
 "Did you take any more courses In accountailcy during the past 4S aourS?" sabbatino asked Blattner.
 T don't need any" the witness re. piled.
 "No."
 Blattner's replies were delivered ln an angry tone.
 Blattner explained that the S674.73 represented the difference between collections for the Bund defense fund and total dposits to the Dund account. j.