Evening star., 1941-07-25
Mistria| Plea
In Transocean
Case Refused
Other Moves Lost
By Defense; Trial
Near Conclusion

The Governments case against
Transocean News Service neared a
District Court jury today after
mistrial and other defense motions
were overruled and witness charged
officers of the service were instructed
to send South America and the Far
East news harmful to the prestige
of the United States.
The closing hour of the trial
were marked by a statement by
George McNulty, special assistant
to the Attorney General, that the
United States had kept its bargain
with an international gangster,"
the Nazi government, in exchang-
ing two indicated officers of Trans
ocean for release of two American
reporters held as hostages" i'll
Europe
Closing arguments of counsel were
in progress this afternoon, with the
case expected to go to the jury late
today after the jury is charged by
Federal Judge T. Whitfield David
son.
Statements Barred.
Earlier the judge overruled a de-
fenSe effort to introduce statements
made to the grand jury by Man.
fred Zapp, representative of Trans
ocean in this country, and Guenther
Tonn, described as the company's
chief editor. The two went ashore
at Lisbon yesterday from the United
States transport West Point after
American officials returning to this
country crossed the border into neu-
trail Portugal
Judge Davidson at one stage of
the trial fined Emil Morosini, jr.. $40
for addressing his remarks to Gov
ernment counsel instead of the
court, and remitted the fine after an
apology by the attorney.
The court overruled defense mo-
tions for mistrial, for a directed
verdict of acQuittal of Transocean
on the charge of failure to register
as an agent for a foreign principal,
and for elimination of certain Gov
ernment testimony.
4NdZlS SdHcu
Mr. McNulty, in opposing the mo-
tions, told the court, The reason
Zapp and Tom are not before the
bar of this court is the interna-
tional gangsterism and hijacking of
the Nazi government.
The day after they were indicted
the Gestapo seized Jay Allen, Amer
! or ant in
Germany, and a United Press cor
respondent, but filed no formal
charges against them and held them
as hostages. The American Govern
ment was forced to make an ex-
change of prisoners"
Eric T. Winberg of New York
City. correspondent for a Stockholm
newspaper, testified Tom told him
his instructions were to send out
news harmful to the United States
to South America and the Far East.
He quoted Tom as saying if Ger
man was jailed here the outgoing
news should make it appear the man
was being prosecuted.
Berlin Control Charged.
The Government accuses Trans
ocean of being controlled by the
Propaganda Ministry in Berlin.
A striking instance of the small
ways in which Transocean en-
ployes were aSsertedly instructed to
put the German case in the most
favorable light possible was testified
to yesterday by Arthur J. Mccullough
Of New York, reporter and editor for
more than 20 years, who was en-
ployed by Transocear for about 10
months There was an order in
effect that dispatches were never to
use the word Invade" when Ger
man forces went into a country, but
always the word occupied" he said
Figure" Remains Unnamed.
A prominent political figure" of
the United States frequented the
Offices of Transocean, in New York.
Mr.. McNulty indicated by questions
put to Mr.. Mccullough, but Judge
Davidson would not permit the wit
ness to reveal his name.
Earlier in the afternoon, the
prosecution sought to show by testi-
mony of Prof. Harold D. Lasswell,
propaganda analyst of the Yale Law
School, that news dispatched by
TranSocean was much more favor
able to Germany than the United
States and Great Britain.
r,.II. NJ.