Evening star., 1942-07-02
.DefenseCounse|
A|soAppointed
By President
U. S. Expected to
Ask Death Penalty
For German Agents
BY GARNETT d. HORNER,


President Roosevelt today set
up a seven-man military COM
mission to try the eight Nazi
saboteurs landed in New York
and Florida recently from SUBJ
marines, The President also is
sued a proclamation denying the
right of civil trial to all persons
charged with hostile acts who
enter this country during the
war.
The military commission, presided
over by Maj. Gen. Frank r. Mccoy,
was directed to begin proceedings
against the eight German prisoners
next Wednesday in Washington.
Attorney General Biddle and the
Army Judge Advocate General, Mai.
Gen. Myron C. Cramer, will conduct
the prosecution. The death penalty
is expected to be sought by the Gov
ernment.
Members of Commission.
Members of the military commits
sion in addition to Gen. Mccoy are:
Maj. Gems. Blanton Winship, Walter
S. Grant and Lorenzo D. Gasser and
Brig. Gems. Guy @. Henry, John T.
Lewis and John T. Kennedy.
Col. Cassius M. Dowell and Col.
Kenneth Royal were named as de-
tense counsel for the eight men
charged with landing on the At
lantic Coast to blow up American
military installations.
Both Gems. Mccoy and Winship
were on the Army board that tried
Gen. Billy" Mitchell in 1925.
The Presidents order setting up
the military commission stipulated
that concurrence of at least two
thirds of its members shall be
necessary for conviction or SEN
tence, and that the record of the
trial shall be sent directly to him
for action.
In the separate proclamation ex-
ercising traditional power of the
Chief Executive, Mr.. Roosevelt Or
dered that any persons entering
United States territory during the
war and charged with committing
or preparing to commit sabotage,
espionage, hostile or war-like acts"
shall be subject to the law of war
and to the jurisdiction of military
tribunals"
Denied Civil Court Rights,
Such persons, the proclamation
added, shall not be privileged to
seek any remedy or maintain anv
proceeding directly or indirectly" in
United States civil courts except
under such regulations as the At
torney General may prescribe with
approval of the Secretary of War.
The commission set up to try
the eight German agents was en-
powered TO make such rules for the
conduct OF the proceedings" under
the articles of war, '.as it shall deem
necessary for full and fair trial
OF the matters before it."
The Presidents order did NOT
make clear whether the trial will be
open to the public. Presumably
that will be determined by the COM
mission.
The broad terms of the proclama-
ton denying rights of civil court
trial to enemy agents entering this
country since the outbreak of war
made 1t applicable even to United
States citizens who act under orders .
OF an enemy nation. Two of the
German agents involved in the pres
ent case are American citizens and
all Of them formerly resided in this
country.
Applies to U. S. Citizens.
The proclamation referred to "alI
persons who are subjects, citizens or
residents Of any nation at war
with the United States, or who give
obedience to or act under the direc- '
ton OF any such nation, and who
during time of war enter or attempt
to enter the United States" or any ,
territories for sabotage or espionage.
The eight prisoners now are held
in New York, but will be brought =
to Washington next week for the
(See SABOTEURS- Page 2-Y7