Evening star., 1941-07-18
Judge Refuses
Transocedn
Case Mistria|
Court Hears
Agency Linked
To Nuzi Bureau

Evidence to connect TranSocean
News Service with the German For
eign Office was offered in District
Court today after the judge over
ruled two defense requests for a
miStrial because of alleged irrele-
want statements of prosecution
witness.
Charles E. Hewitt, jr., of North
Tonawanda. N. Y, who was en-
ployed by Transocean in Berlin in
1888, testified that the firm now on
trial for failure to register as an
agent of a foreign principal also was
closely connected with the Nazi
party and the Ministry of Propa-
ganda.
Defense Counsel Emil Morosini,
jr, objected when Mr.. Hewitt mem
toned that the Transocean Office in
Berlin was near Gestapo headquar-
ters and again when he said "un-
trustworthy foreigners were thrown
out of Berlin" Federal Judge t.
Whitfield Davidson refused, how
ever, to declare a mistrial.
"InvisibIe Defendant"
The Government contends that
the agency was officially recognized
as propaganda medium of the
Reich and that the Embassy used
1t to do in the United States what
the Embassy itself could not do be-
cause of its diplomatic status.
The case is the first recent one
In which there is on trial an in
visible defendant"-a corporation
not represented by any of its Of
ficers, who are reputedly in Berlin.
George McNulty. special assistant
to the Attorney General, heading
Government counsel, told the jury
yesterday afternoon in his argu-
ment that the German Embassy, in
connivance with Transocean, resort
ed to camouflage, so that Nazi
propaganda might be broadcast
through the United States, Central
and South America. Mr.. McNulty
said that secretary of the En-
bassy here, Heibert Won Strempel,
had daily conferences with Trans
ocean
Held Directed by Berlin.
The mission of Transocean in
Latin America, Mr.. McNulty assert
ed was to inflame Latin Ameri-
cans against the United States. He
contended that Transocean was not
only officially subsidized, but was
controlled and directed by the Ger
man Foreign Office and the Min
istry of Propaganda in Berlin.
When the German charge d'affaires
here declined to keep speaking
engagement, because of reasons of
state, he ordered Manfred Zapp,
manager of Transocean in the
United States, now on his way back
to Germany, to speak in his place,
he said. Zapp and Guenther Tom,
chief editor of Transocean in this
country. are being sent back to Ger
many by the United States in ex-
change for two American news
papermen who have been detained
in the Reich. zapp and Tom also
were indicted, with Transocean, by
the District grand jury on charges
of failing to register with the State
Department as agents of a foreign
principal
Mr.. Morosini, representing the
corporation. with Daniel F. Co.
halan, jr.. of New York. in a
brief opening statement to the
jury, pointed out that Zapp is not
a defendant. He declared that
Transocean, a German world wide
news service, is the defendant, but
1t is not charged with espionage or
of endeavoring to stir up interna-
tional bad feeling. 1t was a pri-
vate newspaper concern and did not
have to register. declared Mr..
Morosini, in asking the jury to keep
an open mind and not to be in
fluenced by inflamed conditions in
the world today.