Evening star., 1943-03-06
New Fight Forecast
On Second indictment
In Morale Case
One Demurrer Sustained
For Winrod Writ Sought
To Release Viereck

Fresh assaults on the second OF
two indictments charging 33 persons
and one corporation with conspiring
to Undermine the morale of the
armed forces will be resumed in
District Court March II, Justice
Jesse c. Adkins announced late yes
terday after overruling demurrer
charging the second count of the
indictment vague and uncertain"
At the same time. counsel for
George Sylvester Viereck asked
Justice James NJ Proctor, who is
presiding in Motions Court. to
authorize hearing on writ of
habeas corpus to release Viereck
from constructive custody"
Justice Adkins sustained de-
murrer filed on behalf of counsel for
Gerald B. Winrod, one Of the alleged
conspirators, attacking the first
count of the morale conspiracy"
indictment.
Claim First Count Void.
Pleading for Winrod were E. Hill
ton jackson and his son, John jack
son. who charged that the first count
of the indictment was void because
the alleged conspirators were ac-
cused of a crime as far back as 1888
in violation of statute which be-
came effective in 1910.
This ruling, constituting the first
major setback the Government has
received in arguments preliminary to
trial court proceedings, reduces the
projected trial, if 1t is to be held on
the basis Of the second indictment,
| to the second count of that indict-
ment.
The second count charges con-
spiracy in violation of the 1917 sedi-
ton law, a law which is applicable
only In wartime and therefore ap-
plicable in this case starting Decem-
ber 8, 1941.' se-o r.
Armed With their victory Iii the
first count. defense counsel 6ttacked
the second count, raising the ques-
ton of whether or not The Second
count is valid If 1t does not incor-
porate any of the allegations Of the
first count. If it does not incorporate
first count allegations, the Jacksons
contended, then the second count Is
insufficient"
II 1t does, they submitted. the
second count is void for "duplicity,
vagueness and uncertainty"
Justice Adkins ruled that the sec
ond count embodied all of the alle-
cations of the first count except
paragraph one and that the count
is good, insofar as yesterdays dis
cussion related to it.
Other Attacks Pending.
Numerous other attacks on the
indictment are pending. Postpone
ment of the hearings to March II
makes it unlikely, court observers
feel, that the case will go to trial
this month.
Viereck's application for a writ Of
habeas corpus was filed by his at
torneys, O. r. Mcclure and Emil
Morasini, jr., on the grounds that
the 81 900 bond on which he is free
constitutes constructive custody"
Mr.. Mcclure argued that Viereck
is being held "constructively" under
an indictment which is void, since
it led to a District Court conviction
of Viereck, which was subsequently
reversed by the Supreme Court.
The petition states that Viereck
will meet the new indictment" If
and when the Government success
fully seeks it.
| A favorable ruling in the habeas
corpus proceedings, Mr.. Mcclure ex-
planned. would void the indictment.
Previously he told reporters he
doubted that the Government would
be able to get a new indictment on
similar charges that Viereck failed
to furnish certain information when
registering under the Foreign Agents
Registration Act.
THE atmosphere OF hysteria which
attended the indictment and trial of
Mr.. Viereck," Mr.. Mcclure said. "has
been cleared by the Supreme Court
decision"