Evening star., 1941-11-13
Prosecutor Hits
'Di|atory Tactics
Of Hill Counsel
MoIoney Sees Effort
To Obstruct TriuI of
Fish, S Secretary

William Power Maloney, Justice
Department attorney directing the
grand jury investigation of German
propaganda, charged before Justice
James w. Morris in District Court
today that counsel defending George
Hill, a secretary in the Office Of Rep
reSentative Fish, Republican, of New
York, were using "dilatory tactics
to obstruct their clients trial on per-
jury charges and that the Amer
lcan people are entitled to know
what is going on here"
Mr.. Maloney's comment came
when Mr.. Hills chief counsel, John
O'Connor, former member of the
House from New York. failed 10 ap-
pear to argue two preliminary mo-
tions which he has filed in the
perjury caSe-one a demurrer at
tacking legality of the indictment
and the other a demand to inspect
the grand jury minutes on which
the true bill was based
Defense Counsel Excused.
Justice Morris, explaining that
defense counsel had notified the
court he was not ready to proceed
with the argument and had been
excused from appearing this morn
ing, directed that the attorneys on
both sides come into court at pm.
10 set date for the hearing A
sharp exchange between counsel at
that time was forecast.
Mr. Maloney arrived in court ut
10 am, prepared to oppose the mo-
tions. He contended to Justice
Morris that there had been ample
notice TO counsel on both sides and
the motions should be disposed Of
then and there
Justice Morris said there had been
a great deal OF confusion" about
when the motions should be heard
/ and defense counsel had asked ad-
ditional time.
The other side" said Mr.. Ma
loney, had ample notice to argue
motions which are dllatory in ma
ture anyway and which We contend
have not the slightest merit and
. NCi fanny SllOuIu Dc IltdIU dS soon
as possible
Conversation acrimonious"
The special prosecutor added: II
think the American people are just
about entitled 10 know what is 60
ing on here. The only way is to
try this case as soon as possible"
Undoubtedly" said Justice Nor
ris, there is public interest in this
case. But there also is private in
tereSt. and this matter ought TO be
heard"
Referring to a telephone conver-
satlon with defense counsel last
night, Mr.. Maloney informed the
court: Our discussion was acrimo-
NOUS to degree"
I suspect" said Justice Morris,
that there was not the closest har-
mony"
Grand Jury Called Back.
Mr.. Hill was indicted for a.
legedly giving the grand jury false
information regarding the removal
OF mall sacks containing speeches
by members Of Congress from the
Make Europe Pay War Debts Com
mittee headquarters when the iso-
latlonlSt organization was sum-
moned TO produce documents.
Another count of the indictment
charges him with testifying falsely
that he did not know George Syl-
veSter Viereck. New York publiciSt,
previously indicted on charges of
failing 10 give the State Depart
ment complete information when
he registered as a representative of
foreign government.
While attorneys carried on pre-
liminary legal sparring in the Hill
case, the special grand jury was
called back into session during the
noon hour 10 hear further teSti-
mony from the executives of Scrib-
ners' Commentator, non-interven-
zionist magazine.
Fish Resolution Filed.
A copy of the House resolution
directing the Judiciary Committee
to inquire into whether Representa-
tive Fish should answer subpoena
Z W tcSIlIN OtlOIC lllt Il anu JIll dllAl
instructing him meanwhile to ignore
its summons has been filed with
Justice T. Alan Goldsborough, it was
learned today.
Members of the Justice Depart
ment staff. prosecuting the inquiry
said the document was filed merely
for the record" and no further
action was planned at this time.
Meanwhile. the Judiciary Com
mittee postponed again today A
decision on whether Representatlve
Fish should be required TO answer
the subpoena.
Chairman Summers said the COM
mittee would meet tomorrow morning
to resume consideration Of tie
question.
Mr. O'Connor. who is also counsel
for Representative Fish, made a
statement before the closed COM
mittee session today. He Sald he
told the members that Congress
should protect itself. regardless OF
personalities. from any intrusion by
any other branch of the Govern
ment."
The committee refused Yesterday
to hear Mr.. O'Connor, but recon-
sidered its decision today.