Evening star., 1943-02-06
Appeal Court Uphold,
Sentence Of Death in
Detroit Treason Case
Restuuroteur Convicted
Of Horborine Germon
Fleeing Conodo Prison

By the Associated Press.
CINCINNATI, Feb. 6.-The Cir
cult Court of Appeals today up
held a Detroit District Court
death sentence on Max Stephan
for aiding a German aviator In
his flight from a Canadian
prison camp.
District Judge Tuttle ordered
Stephan, a restaurant owner, to be
hanged November 13, 1912, after
his conviction for harboFing and
giving aid to Oberlieutenant Hans
Peter Krug of the German air force
The sentence was stayed pending ap-
peal.
The 2l-page decision. given by
Presiding Judge Ken Hicks, upheld
the Government contention that
Stephan had committed treason by
taking Krug into his home.
Counsel for Stephan contended
in arguing the case before . Ave-
judge court here in December that
he merely befriended Krug and that
Krug's testimony vas worthless be-
cause as a Nazi he had no concep-
ton Of the meaning Of an oath.
/ Krue was captured in San An
tonic. Tex. several weeks after leav-
ing Detroit. '"9~
The court declared. concluding it.
lengthy review:
The real question here IS, wheth-
er upon the record As We find it.
there was an abuse (by Judge Tut
tle) Of judicial discretion In fixins
the sentence and We find none.
Finally, after q careful and pains
taking review of this entire record
We are unable to find any reversible
error.
The judgment Is affirmed"
Is Claims Rejected.
The decision threw out IS sep
| arate claims Of error In Judge Tut
ties findings. OF Stephan's con-
tention that Krugs adherance to
Naziism disqualified him as 4 wit
ness, Judge Hicks wrote:
I'VE have been cited no law OF
Michigan or decision OF any Federal
court, that = German army ofncer
although imbued with NaAism. is
disqualified to give evidence In a
court of justice and we make no such
decision now"
Stephan's argument that Krug
testified in full Nazi uniform and
gave the Nazi salute. thus prejudic-
ing the jury was met with this:
I'VE hnd no evidence In the rec
ord that Krug was 50 attired or that
he gave the salute.
But assume the fact it did
not require In the reasonable exer-
else Of the courts discretion. his
disqua lification and rejection alto
gether. The court in Its charge
might have been somewhat more
specific with reference to the effect
Of Krug's misconduct. II, in fact,
there was such misconduct, but
there was no exception whatever to
the charge"
Dopmed Man Unmoved.
In its study the Circuit Court cited
cases as far back as the treason trial
of Aaron Burr.
In his cell at Milan. Mich. Stephan
received the news of loss of his ap-
peal calmly and without comment.
Warden Cecil j. Skuttleworth said,
He didn't change expression or say
a word when we explained the court
findings. He just turned away. APP
parently he expected that this was
what he would hear"
Nicholas Salowich. attorney for the
convicted traitor, said he planned
to carry Stephan's appeal to the
Supreme Court. adding. I'VE still
contend that Max Stephan Is guilty
Of harboring an alien but Is not a
traitor"
Federal Court attaches at Detroit
said that an additional 80 days mus.
elapse before Stephan can be re-
sentenced. during which period the
new anneal can be taken.