Evening star., 1943-08-29
Work-or-Fight'
Case Quashedi in
Rockville Court
Did Not Offer Youth
Specific Wages,
Former Testifies
BY GEORGE KENNEDY.

Stanley Day, 19-year- -old Mont
gomery County farm worker who
was convicted Thursday of vio-
lating Maryland's "work-or-
fight" law, was freed from a road
gang yesterday after a mornings
work.
According to testimony at his
second hearing, he was rejected for
his SLOW thinking" by the Army in
which his four brothers, including
his twin, are serving. After the
youths employer, who made the
complaint against him, testified in
Rockville Police Court he had not
offered a specific wage rate, the
youth was acquitted.
States Attorney Joseph 3. Simp-
son cut short the testimony of the
youths employer, Harry Bussard,
elderly Laytonsville farmer, after
this admission. Mr.. Simpson con-
ferred in the hall with his assistant,
Alfred d. Noyes, and said after re-
turning to the courtroom:
In view of the evidence that
there was no offer at the prevailing
wage, confess on behalf of the
State a plea of not guilty"
Judge Accepts Motion.
Judge Donald A. De Lashmutt
Immediately accepted the States
motion and the husky, curly haired
youth, who a few minutes before
had been a pathetic figure in the
witness chair, was free. His older
sister, Mrs. Paul Crown of Derwood,
was the only member of the family
VINO came to court voluntarily in
his behalf. Her husband said he
would be able to get the boy a. lob
at real wages"
Defense Counsel Louis Lebowitz of
Mount Rainier placed the boys par
ents, MIR. and Mrs. Daniel 3. Day.
on the stand. but their testi-
mony was of little help to the youth.
Although the States attorney had
suggested the second hearing, he
objected vigorously to the defense
attorneys question as Leading" The
prosecutors final motion came as a
surprise to the few onlookers.
The youths conviction had aroused
much interest in the press. His halt
ing speech in interviews led to re-
ports that his pay had been with
held to pay debt of his father. a
tenant on the Bussard farm. The
Civil Liberties Division of the Jus
tice Department became interested
in the possibilities of 'peonage"
within 20 miles of the Nations Capi.
tol. After the hearing, department
officials said they stiff had the case
under consideration" but that nc
decision had been made on it.
Paid 50 a Day.
The youth testified he was paid
for his work at the rate of 50 a day
His hours were am. to pm, he
said. He added that he worked part
time several days for which he was
paid $50.
There was nothing in the hearing
to substantiate the "peonage" pos.
sibility. Day explained afterwaro
he was talking about his pay in the
spring when it went to pay the
family bill at a nearby store.
1t became evident from his testi.
mony that he did not want to work
for Mr.. Bussard and his sons, be-
cause his feelings were hurt. Hs
did not eat the noontime dinner
that Mrs. Bussard prepared for the
hands because there had beer
talk-talk about the way I ate my
food"
Both the boy and his employer
agreed he had worked on the farm
the week before last. The youth
said he had worked all week; the
farmer contended he had worked
two pieces of a day.
On Monday he refused to CONS
and help cut corn when sent for
the farmer said. On that day Mr.
Bussard went to Rockville anc
swore out warrant. Day, him.
self, testified that on Tuesday hs
again refused and when he refused
on Wednesday, Thaddeus Bussard
the farmers son, ordered him tt
take your foot off the place anc
never come back"
He started off, he said, to see
his sister and look for a job" Or
. the way two sheriff's deputies ar.
rested him.
He was the first farm laboreI
(see WORK OR FIGHT, Page AID