Evening star., 1942-02-16
Let's Refuses
Venue Change
For viereck
New Efforts Made
To Move Trial to
Nearby Stote

Counsel for George Sylvester
Viereck, registered German prop.
agandist, charged with violating the
Alien Agent Registration Act, re-
newed today at the outset Of his
trial in District Court their efforts
to move the case to Baltimore or
elsewhere, charging that the At
torney Generals oflce and the
press had inflamed public opinion
against the defendant. Justice F.
Dickinson Let's denied the motion.
In again urging a change Of
venue to some Federal court in
Maryland or Virginia, Emil Morisini,
jr., New York attorney. pointed out
that he again was pressing the
motion which he had made January
%, because of events which had
occurred since.
"The press" he said. "has abused
its privilege of seIf-expression in
reporting this case"
The defense attorney charged
William Power Maloney, prosecutor
from the Attorney Generals office,
with giving interviews and holding
press conferences designed to incite
public opinion against Mr.. Viereck.
Mr.. MoriSini told the court Mr..
Maloney had referred to the ac-
cused publicist as "a sworn enemy
Of this country" with a view OF
preventing him from receiving q
fair trial
Community Called Hostile.
This case has been tried In
the newspapers for months and
months" defense counsel added.
He said some newspapers had called
it an espionage case, declaring that
prospective jurors have been given
the idea that it is an espionage
trial"
The community. he contended,
has been so saturated with a spirit
of hostility to the defendent" that
he could not obtain an impartial
jury in Washington.
Justice Let's denied the motion
without comment.
The court also overruled a motion
by Mr.. Morosini to dismiss the in
dictment on the ground it did not
charge crime against the United
States. He pointed out that Mr..
Viereck was not charged with fall
ing to register and that the indict-
ment was based on the accusation
that he violated certain regulations
set up by the Secretary of State,
which Congress had not specifically
made a crime.
Jury Selection Begun9
With these yprehnifhafS Notions
disposed of, selection Of Jury to
try the stocke 57NNasd1d editor,
author and pampheteer, began.
Mr.. Viereck, seated at the head Of
the defense table facing his attor-
neys, wore light gray tweed suit.
He is charged with failing to fur
nish all the information required
when he filed supplemental state
ments following his registration a.
an alien agent.
Five Excused From Jury.
Jury selection proceeded slowly
because of numerous questions.
At the noon recess five men had
been excused because they said they
had opinions which would preju-
dice them.
Among the questions asked by
defense counsel were whether the
jurors had any relatives in foreign
countries, whether they believed
any one who acted as a paid agent
for the German government before
it went to war with this country
had been engaged in un-American
or unpatriotic activities, and
whether they held prejudice
against persons who had been iso-
lationists or non-interventionists.
Mr.. Morosini said it would be
shown that Mr.. Viereck had been
employed by the German Library
of Information, an agency financed
by the German government, and he
asked jurors whether this fact
would prejudice them.
At the luncheon recess there were
no women IN the jury box The
tentative jury, still subject to
peremptory challenges by both sides.
contained only one Government
employe, an auditor for the Gen.
eral Accounting ONCE.
One prospective juror drew a
laugh when, asked his occupation.
he said: I'm in the automobile
business-what's left of it."
One Government witness. Pres
colt bennett, former chairman of
the Islands for War Debts Commit
tee, was under $500 bond to assure
his appearance at the trial. Mr..
bennett was a witness before the
special grand jury which has been
investigating Nazi activities in this
country for several months.
The indictment. containing three
counts, charges that Mr.. Viereck
carried on extensive Nazi propa-
ganda. The bill alleges among other
things, that the publicist wrote
speeches and prepared other ma
bers of both houses of the Congress
of the United States"
The Government is expected to
offer evidence to the effect that
some of the Viereck propaganda
was sent through the mails on con-
/ gressional franks. The defendant
also was said in the indictment
to have failed to disclose among
his activities that he allegediy set
up the Debts Committee headed
by Mr.. bennett and related groups.
EG.W.U. FOREIGN Students