The Waterbury Democrat., 1942-07-28
Nazi Drives Equal Thrusts Halfway Across U. s. S|

If the court decides that the pris- oners should be granted access to civil courts, they will be bound over for trial in the federal district court. Such a decision would bring to an end the military trial which has been in progress for three weeks.
 First indication that an unusual development was imminent in the saboteurs' case came late yesterday when Major General Frank Mccoy, president of the commission, re- cessed until Thursday at which time. he said, final pleas were expected" to begin.
 Shortly afterward, Charles El- more Cropley, chief clerk of the supreme court, called reporters to his office and issued the following announcement:
 "The chief justice directs that 1t be announced that the supreme court will convene a special term of court on Wednesday, July 29, at noon, in order that petitions for writs of habeas corpus on behalf of certain persons now being tried by military commission appointed by the President, may be submitted to it.
 "The petitions will be presented by counsel on July 29 and the pris- oners vii hot be present at the bar of the supreme court that day."
 It was at first believed that the petitions would be filed for only the two saboteurs who are American citizens. But later 1t was learned that the appeal would be in behalf of all but Dasch.
 Proclamation of July 2
 President Roosevelt's proclama- ton, issued July 2 under authority vested in me by the Constitution, !" asserted that access to civil courts shall be denied to citizens or sub jectS of enemy nations who enter this country in time of war "and are charged with committing or at- tempting or preparing to commit sabotage, espionage, hostile or war like acts, or violations of the law of war"
 The proclamation added that such persons Shall be subject to the law of war and to the jurisdiction of military tribunals; and that such persons shall not be privileged to seek any remedy or maintain any proceedings, directly or indirectly, or to have any such remedy or pro- ceeding sought on their behalf, in the courts of the United States, or of its states, territories and posses sions, except under such regula- tions as the attorney general, with the approval of the secretary of war, may from time to time prescribe"
 Court attaches said they knew nothing of the basis cl which the appeal will be made, but assumed that it probably would be an at- tempt to attack the lidity of the Presidents denial to tle prisoners of access to civil court.
 Court attaches pointed out that the only other similar occasion when the tribunal was convened was in 1865. At that time a civilian &C., cused of sedition sought writ of habeas corpus. It was denied.
 Picking Jury in Hartford
 Hartford, Conn.,, July 28.-(UP)- Selection of 8 jury from panel of 49 Connecticut residents began today in the trial of the Rev. Kurt E. B. MalZahn, Philadelphia Lutheran minister indicted with four others on charges of spying for Germany and Japan.
 A packed courtroom in the Fed eral Building listened as S. Judge J. Joseph Smith instructed the pan- el about the background of the case. He asked if any prospective juror wished to be disqualified because of illness or any other reason, and none replied.
 Then the group was taken to an adjoining room, and, one by one, members were taken back into the courtroom for questioning.
 Rev. MT. Molzahn was dressed in black suit, with dark tie. He did not wear clerical collar, but had a small gold cross suspended from a tlack ribbon around his neck.
 The first juror selected was Fran cis H. Kelly, Hartford, an elderly man who said he was not employed. He was the first one to be ques- toned from the panel.
 It was expected that, during the course of the trial, g full develop ment of the spy plot to which four others, including the head of the German American Bund, Gerhardt Wilhelm Kunze, have pleaded gull ty, will be made by government au- thorities.
 Others who pleaded guilty in the case include Count AnastaSe Von- siatsky, Dr. Otto Willumeit, Chica- go, and Wolfgang Ebell, Fl Paso, Tex.
 Deluged With Tips
 Washington, July 28. - Federal Bureau of Investigation officials said today that they have been de- luged with tips that three wanted German saboteurs have been seen in nearly every section of the coun- try.
 Sought are Walter Kappe, in- structor in the sabotage school at Berlin: Rheinhold Rudolph Earth, former Long, Island Railroad draftsman, and Joseph Schmidt, former farmer, hunter and trapper in the province of Alberta, Canada.
 Officials said they were gratifled with the public's reaction to a plea to be on the watch for the confed- crates of the eight saboteurs now on trial here.
 None of the three wanted men Is believed to be in the country yet. but FBT Director J. Edgar Hoover said Saturday they were expected to