Evening star., 1941-11-26
Hill Indictment
5.
Asks Trial Soon
Counsel for Aide Of
Fish Opposes Dec. 8,
Urged by Prosecution


upheld in District Court late yes
terday the legal sufflciency OF an
indictment charging George Hill,
assistant secretary OF Representa-
tive Fish, Republican, of New York.
with perjury, had under considera-
ton today the setting of date for
trial of the case which grew out OF
the special grand jury's investiga-
ton of Nazi propaganda.
The Government, through Special
Prosecutor William Power Maloney,
demanded a trial on December 8,
contending that public interest IN
the case justified its early dispo-
Sition.
John O'Connor, former House
member from New York, who is
chief counsel for Mr.. Hill, was not
in court, but his associate In the
defense, William Cusick, objected to
the suggested date. Mr.. Cusick said
defense counsel would be engaged in
a trial in the Federal Court OF the
Southern District of New York on
that day, and had also two appellate
cases to argue early in December,
one before the Supreme Court.
Short Presentation Forecast.
This is a case that just reeks OF
perjury" replied Mr.. Maloney, "and
the Government will not take over
day and half to prove its case.
We are ready to proceed, and we
think the public interest in this case
demands an early trial"
I'm glad" Mr.. CuSick retorted,
1--WE are hearing only the Govern
ment counsel's opinion of the evil
dence in this case. There are other
interests OF citizens just as impor-
tant. and we have to be in other
courts to protect them. We sug-
gest that this case go over until
some time in January
Justice Morris said he would con-
fer with other members of the Dis
trict bench and try to arrive at a
date convenient to the court. and,
if possible, to the attorneys on both
| sides.
Before the trial date discussion.
Justice Morris overruled demurrer,
! in which the defense attacked the
indictment on legal grounds, con-
tending that the alleged perjury was
not pertinent to the inquiry which
the grand jury had under way, a
requirement repeatedly upheld by
! the courts. Justice Morris held that
the Government would have to
show the materiality of the alleged
| perjured testimony at the trial
but meanwhile the indictment did
charge the crime set forth, with
legal suff1ciency.
Grants Motion to See Testimony
The court. however, granted in
part another defense motion-to
inspect all the grand jury minutes
relating to Mr.. Hill. Justice Morris
directed the Government to furnish
the defense with a transcript OF
Mr.. Hills testimony apparently re-
lating in any way to the alleged
false statements" The court speci.
fed certain portions of the tran
script by page and line. The res
of the testimony sought was with.
held from the defense.
Mr.. Hills indictment followed
his alleged denial that he gav'
<};rooti1pc ,soor6i,,u tho 5jcnocitioy
of certain mail sacks. containing
speeches by Congress members
which were reported removed from
the headquarters of an anti-wal
organization during the grand jury
inquiry. He also was said to havt
denied knowing George Sylvester
Viereck. registered German agent
who has been indicted on charges
of failing to give information to th'
State Department.
The grand jury is seeking Repre-.
sentative Fish's testimony. presum
ably in connection with charges tha
members of Congress were allowing
their speeches to be franked by iso
lationist organizations. But MI
Fish. a reserve colonel. is away a
J Army maneuvers. The House las
week adopted a resolution author
!; ling him to testify.
The jurors, meanwhile. are in re
cess until Friday, awaiting two wit
nesees who failed to appear whel
their names were called Monday
Marshals are seeking to serve thes