Evening star., 1940-05-05

Attorney General Jackson, ,Oho
now has set up a Neutrality LdiDs
Unit OF the Justice Department
Dhich In future ,Dould hare su-
perptsion oper such cases.
BY ]. A. FOX.
Attorney General jackson last
night absolved agents Of the Fed.
eral Bureau Of Investigation o.
using "third-degree" tactics in thu
arrest of II supporters Of the Span
ish LoyaNst Army in Detroit, con
cerning which Senator Norris. inde-
pendent, Of Nebraska had com
planned to the Justice Department.
The Attorney General based hi
conclusions on an exhaustive repor
by Henry A. Schweinhaut, head o.
the Civil Liberties Unit Of the de-
partment, who went to the scene o,
the arrests when Senator Norris
told Mr.. jackson that accounts o.
the case indicated that the conduc'
Of the Federal agents in arrestin(
10 men and a woman for encourag.
ing enlistment in the Loyalist army
had been entirely unexcusable,
and added that "the Government
cannot afford to be given to third
degree methods" The charges
against these defendants have since
been dropped.
Specific allegations Of mistreat'
ment or improper conduct on thu
part Of the agents are few, and they
are so inconsistent with the genera
pattern Of the arrest procedure tha'
they can be given little credence,
mr.. Schweinhaut said. I'm som'
instances, the inaccuracy Of thu
allegations is demonstrable."
Confidence in F. b. I.
The Attorney General, who
adopted the unusual method lo1
having the report delivered to Sena'
tor Norris by Mr.. Schweinhaut. ir
order that his aide might submit
to further questioning, if desired
accompanied the 18-page document
with a letter in which he expressed
his confidence in the F. B. I.
THAT the agents in Detroit actec
within their instructions and exer.
cised their discretion in good faith
seems clear to me-" he wrote. "Undel
such circumstances, they are en-.
titled to my support"
A note of criticism in Mr.. SchWein-
haut's report was based on the fact
that the 10 men had been chained
together, after Handwriting, but this
he said, was not done by the F. B. I
but by deputy marshals who followed
their usual practice when a few
deputies are handling large group
of prisoners. The deputies took Gus
tody of the prisoners after arraign-
ment.
"While I am unprepared to rec
ommend q substitute for a chain
in situations such as this, I do feel
that an attempt should be made
In the interest of human dignity, to
find some other method in extraor.
dinary cases." he said.
The eleventh prisoner, the woman
was not handcuffed.
Procedure Approved.
The arrests took place simultane-
ously on the morning Of February
6, last, there being one in Milwau-
kee in addition to those in Detroit
The agents struck at S a IN because
1t was believed certain that the
persons wanted would be at home
at that hour. In the case of one
defendant, who lived in Canada, the
agents waited until 7 am. when he
was apprehended as he left the
American side of the Detroit
Windsor tunnel.
Mr.. Schweinhaut, outlining the
procedure that was followed, said
1t had been approved by the F. B. I
headquarters here.
A staf1 of As agents was assembled
with four assigned to the arrest OF
each defendant. They were to at
tempt to gain entrance to the resi-
dence as quietly as possible so as
not to arouse neighbors, he ex-
planned; they were to identify them
selves promptly by showing their
badges and exhibiting the warrants;
they were to direct each defendant
to dress himself Immediately and
were to search his clothes in ad-
vance; the defendant was to be
handcuffed and two agents were to
conduct him to the F. B. I. field
office; the agents were not to per-
NIT any telephone calls to be made
while they were in the respective
residences; in order to avoid argu-
ment and delay they were not to
discuss the case or the facts at that
time; they were Immediately to
search the premises for any evidence
connected with the offense charged;
they were to be courteous at all
times.
Broke In One Home.
upon arrival at the F.. B. I
Offices, handouts were to be re-
moved. fingerprints and photo
graphs were to be taken and each
defendant examined by physician
called in for that purpose. Each de-
fendant was to be given what he
wanted to eat. Agents were to
interrogate the defendants concern
ing the of1ense charged, after first
advising them they were not COM
PEELED to answer questions and what
they said could be used against
them. No questioning concerning
the political afnliations, race or re-
ligion of the defendants was to be
asked. Another physical examina-
ton was to be given following the
questioning"
The agents had to break in the