Evening star., 1939-11-28
kuhn's Attorney
Hit as 'Ca|iban'
OF Legal Ethics
a; State Sums Charges
, Bund Leader Took
Funds; Cuse Near Jury
8s the Associated Press.

Es the Associated Press.
NEW YORK, Nov. 28-Assistant
District Attorney Herman j. Nc
Carthy, summing up for the State
tdHay at the larceny trial of Fritz
Khhn. reiterated his charge that
the German American Bund leader
stole bund funds. He attacked
KAhns counsel, Peter L. F. Sab
batino as "a Caliban of ethics"
Mr.. Mccarthy replied to Mr.. Sab
batino's intimation, made yesterday
that Mccarthy kept "tryst" in
Miami with Mrs. Florence Camp,
the golden angel" of Kuhn's love
letters. Mrs. Camp testified for the
State.
"When an orator meets fact he
takes detour," Mr.. Mccarthy told
Judge James G. Wallace and the
jury. "Such a charge as he made
can only originate in distorted
mind.
This Caliban of ethics hasn't yet
learned the prime requisite of &
gentleman or a lawyer-decency!"
the young prosecutor declared, look
ing directly at Sabbatino, a former
city magistrate.
Sabbatino argued in his summa-
ton yesterday that Kuhn, though he
might have fallen in love with Mrs.
Camp, was not the first married
man to fall in love with another
woman. To support this statement
he referred to the private lives of
Napoleon and Julius Caesar.
But Mccarthy told the jury he
would steer clear of historical facts
and keep to the record.
The State, he said, charged that
Kuhn stole $500, listed in the bund
ledgers as having been paid to
james D. c. Murray, lawyer. for
services in criminal action against
bind members at Riverhead, Long
Island.
Kuhn is also accused of stealing
$71702 which the State contends
paid Mrs. Camps moving expenses.
The case is expected to 60 to the
jury by nightfall, after Judge Wal
lace's charge.
Mccarthy said Kuhn drew a check
for $1,000 on July s, 1898, and noted
it as fee for James D. C. Murray
Riverhead law suit"
Later, the prosecutor said, when
the bund leader was challenged on
the amount by members he told
them, I'll get it back-or most
of it,
Says Receipt Produced.
Murray. however, wanted $4,000
as a fee and never appeared in the
suit, Mccarthy said. Then, Nc
Carthy continued, Kuhn told two
bundsmen he had paid Murray, and
to make good his word said he sent
bundsman to Murrays Office with
$500 in cash and later produced a
receipt, supposedly signed by one of
Murray's assistants.
That assistant Mccarthy said,
appeared in this courtroom and
told you he never had received the
money nor had he given any re-
ceipts. Kuhn stole that money and
made notations in the bund books
to cover up the larcenies."
In the case of Mrs. Camp, McCar-
thy charged, Kuhn permitted the
bundsmen to think he had paid a
moving company which he said fire.
quently moved bund belongings.
Kuhn testified Mrs. Camp repaid
him s56576 here in New York and
that he redeposited it in the bund
account. Mrs. Camp said she never
paid him any money in this city,
but had given him sums of money
amounting to $500 in Cleveland, Mi
ami and on the West Coast.
There is no doubt" Mccarthy
said, that he stole that money"
In a long defense summation yes
terday kuhn's attorney, Peter L. F.
Sabbatino, depicted him as the vic
tm OF a prosecution brought for
political motives by assistants of
the man who may be President of
these United States"-District At
terney Thomas E. Dewey-although
absolving Mr.. Dewey himself of the
responsibility.
He argued that Kuhn, as the un-
disputed ruler of the bund and it's
funds, could not and would not have
stopped" to steal from it, and that
kuhn's effectiveness had in any case
been "destroyed' by the publication
during the trial of series of blazing
love letters he wrote as a married
man to Mrs. Florence Camp, blond
diyorcee,