Detroit evening times. (Detroit, Mich) 1921-1958, 1943-05-08
DONAY TAKES NOTES

ton against the prisoner.
DONAY TAKES NOTES
Shuttleworth declared Donay,
although frequently abusive and
insulting, had been handled no
differently than any other inmate
during a l0-month incarceration
at Milan.
DEFENSE WOULD REST
Several times during the ses-
sion, Judge Picard warned the de-
PENDANT against grimaces and
gestures.
Especially during references to
Max Stephan. sentenced TO death
for his part in the flight Of Krug,
the defendant nodded his head
sadly.
Salowich announced at the open
ing OF the session today that two
expected defense witnesses had
disappointed him. He said, there
fore, that he was willing 10 rest
the case with the three-man nine
women jury.
AS its first rebuttal witness the
government called Warden Shut
tleworth.
James f. McCabe. defense law
yer. was Immediately on his feet.
The testimony Of the de-
PENDANT against the prison
should be put down As an emo
tiOnaI Outburst," said McCabe
There Is no reason for re-
buttal.H
BROADCAST IN GERMANY
do YOU wish to retract that
part OF the testimony" Judge
Picard demanded THE charges
have gone Oytss5n the press and
40 far ~ l Know have now be-
come part Of German broad
cast 10 the occupied countries.
ITO my notion the district at
tOTney should have brought out
more evidence when questioning
Mr.. Donay on his charges.
would have. had been question
Ing the witness"
eli the charges are true. they
should be- basis for an investi-
cation" said McCabe.
II agree with that" responded
the court. However, the matter
II now before the jury. The jury
IL entitled 10 decide. Ii the Wit
ness will Tetract his statements,
i don't believe II will be neces-
Sary Ia hear from Mr.. Shuttle
worth.
PRISON CHARGE STANDS
McCabe conferred al length
with Salowich and the 6-foot g.
inch prisoner. He then said that
the charges against the prison
would be permitted 10 stand.
Shuttleworth testified that Do
nay first was placed IN his care
for "safekeeping
HELD under $4,000 bail. Donay
was removed from the county Jail
10 Milan because Of objections VI
other prisoners
THE defendant has said he
W ~ nbi hlibhFu t0 UNI
derwear or battle for II DAYS"
Assistant District Attorney Bah
cock said. is this true ."
BATTLE ONE \ WEEK
"Decidedly not" declare
ShuttlcWorth we insist that
all inmates battle and change
81 -
The shower bath in the cell
block il open To them daily. In
addition there il running water
In the cells"
Said BabcOCk:
! He related that he was re-
y fused permission 10 take a walk
on the roof"
ShuttleWOrt h-replied{
II had one officer To watch
Donay and Max Stephan. If
had sent him with Donay 10 the
roof, there would have been no
one To guard stephan"
The witness then related that
Donay suggested both he and
Stephan be permitted 10 exercise
with the guard.
when refused this request"
Shuttleworth related, "he stuck
his head through the bars and
cursed me.
OFFERED TO SEND LETTER
"He said that unless he was
granted such privileges he would
complain To the federal director
of prisons.
II offered Co send his letter
uncensored. He decided later,
however. that he preferred TO
tell his story In court"
BabCock asked Shuttleworth il
he ever had political prisoners.
self-imposed classification Dy
Donay. Shuttleworth denied il.
did YOU have complaints that
food was loaded with salt and
pepper" the attorney inquired.
referring 10 anoth her of the
Donay accusations.
within the last two weeks