Evening star., 1940-05-05

home Of one man who refused to
be convinced as to their mission,
the report says; at one other home,
where search was resisted. the
prisoner was allowed to telephone
his lawyer "in the belief he would
be advised against resistance" The
lawyer advised objecting to the
search, but submitting II the agents
insisted.
The searches, the report continues.
netted pamphlets. letters, photo
graphs, ledger sheets, index cards,
passports, various lists Of names and
telephone numbers, notebooks.
memorandums and literature having
to do with Spain and the Loyalist
cause; the Communist party, the
Abraham Lincoln Brigade, the
American League for Peace and
Democracy and some miscellaneous
data" One prisoner was secretary
Of the Young Communist League.
Believed Course Proper.
The agents believed this course
proper, the report said, but 1T Is
apparent that some Of the material
taken would not come within the
catalogue Of seizable matter as out
lined by the Supreme Court" In
the last case considered on the
subject.
On the question Of the two
physical examinations, Mr.. Schwein-
haut explained that the first is
the customary check to determine
the condition OF the prisoner. while
the second serves to insure against
false accusation Of mistreatment"
when prisoners are taken to court.
Mr.. Schweinhaut defended the
handcufnng of the men when they
were arrested, although Senator
Norris had emphasized that the
prisoners ".were not criminals"
THAT this practice is sound" said
the investigator, 'is illustrated by
the fact that about two years ago,
an F. B. I. agent arrested a man on
a misdemeanor charge. failed to
handcuff him at once and was killed
by his prisoner"
After questioning and arraign-
ment, the men were xemoved by
deputy marshals to the Federal re-
formatory at Milan, Mich, while
the woman was committed in De-
troit.
Cites Time Allowance.
Mr.. Schweinhaut commented in
this connection that he believed the
IS minutes allowed the prisoners for
conference with counsel before their
arraignment was insufficient"
The bond set for the prisoners,
which ranged as high as $4,000, he
said, was a judicial matter and con-
sequently, not within the purview
Of the inquiry, although it had been
criticized as too high.
"The comment of the defendants
and their relatives on the conduct
Of the agents and the treatment ac-
corded them varies," the report
summed up. "Some say they were
courteous; others that they were
not discourteous but blunt; others
that they were sometimes polite,
sometimes sarcastic; some that they
were bruSque; some that they were
ill-mannered; others that they were
sometimes frigidly polite and some
times contemptuous.
THE agents say they had been
especially instructed to be courteous
to the defendants and that they
carried out those instructions. They
say that the defendants, for the
most part, were themselves in good
humor and cooperative after the
shock of the arrests wore off"
Complained Of Ill Health.
The woman complained, Mr..
Schweinhaut said. that she was In
poor health and had been "grilled"
In menacing manner, but this ac-
count of her physical condition was
disputed by the physician and ma
tron in attendance on her.
"She did not impress me as re-
liable or credible witness" the report
said.
The charges against the 1oyalist
group were built up under a 1918
conspiracy statute while the now
Justice Murphy was Attorney Gen.
eral. 1t lay dormant for year but
went to the grand jury the day Mr..
Murphy became Supreme Court
justice, and although the arrests
were made after Mr.. Jackson as
sumed office, he quashed the indict-
ments 10 days later, saying there
was no purpose after so long a time