Evening star., 1944-11-17
Pleas 10 Void CHARGES
In Hodcarriers' Case
Studied by Judge

Defense motions to quash the II
indictments returned here last
April in the case of Larry Kelly and
the Hod Carriers, Builders and
Common Laborers' International
Union, were taken under advise
ment today by District Court Justice
James M. Proctor.
Eleven OF the 13 defendants have
filed pleas in abatement attacking
the legality Of the indictments. Mr..
and Mrs. Larry Kelly are not among
them.
Kelly, former treasurer of the
Building Committee of Local "A and
former president of the unions
District Council, is reported to have
died aboard q ship in the Pacific
while serving as a steward in the
Merchant Marine. The District
Attorneys Once is seeking official
confirmation OF the report.
The indictments are attacked IN
three grounds:
!. That the grand jury returning
the true bills charging improper
use OF union funds, receiving stol-
en- property and violating LIQUOR
f1oor tax laws, was Illegal because
1t was contended, the Federal Law
providing for the extension of a
grand jury to 18 months does not
apply to District courts.
2. The original case stemmed from
an investigation Of liquor stored in
the Ell Patio restaurant and night
cIuD. co-owned at the time by Larry
Kelly. and therefore this grand jury
had no right to investigate union
matters.
8. Several of the defendants were
called before the grand jury and
waived immunity In the belief they
would be questioned only on El
Patio affairs and instead were asked
discriminating questions regarding
union affairs.
~ Is tho defense's contention that
this procedure was illegal And =
violation Of the defendants cousti-
tutional rights. Nine of the de-
fendants are present and former
omcials Of the union.
Answering these arguments. As
sistant United States ATTORNEY John
w. FINELY asserted that District
courts are included under the Fed
eral law providing for the extension
OF . grand jury, citing what he said
was q Similar ruling In the case of
Gerard Winrod, one of the defend
ants In the sedition trial, who had
attacked the indictment against
him on similar grounds.
Mr.. Fihelly also contended the
pleas OF abatement were not prop
erly filed since each plea carried
more than one allegation. He as
serted that q different plea must be
nied Tor each allegation.
investigation of the unions af.
fairs grew out of an inquiry into
alleged floor tax violations af n
Patio. John Longo, who allepedIv
at one time was in partnership with
Larry Kelly in operating the res
taurant, is charged only with yio-
lation OF the liquor floor tax laws
Kelly is charged in all the indict-
ments.
; The defendants and the charges
are: S-'
Joseph v. Moreschi, president OF
the International Hod Carriers
Building and Common Laborers
Union, conspiracy; Achilles Persion,
secretary OF the international union
conspiracy; John w. Garvey. pen-
eral representative and organizer of
the international union, conspiracy.
Joseph Speed. former member Of
the Building Committee of Local n
and former president of the District
council, conspiracy and perjury.
George Morgan, member of the
Building Committee and holder Of
other onices, conspiracy and per-
jury; Evans H. Hamilton, member
Of the Building Committee and Sec
retary OF the local, conspiracy and
perjury; George w. Plummer. men1-
per OF the Building Committee and
former president Of Local ~. con-
spracy and perjury; Matthias Kies-
gen. clerk Of the District council.
conspiracy, and Isaac Weiner, said
70 be builder and contractor Of
Leonardtown, Nd, conspiracy. Mrs.
Dorothy B. Kelly, wife Of Larry
Kelly. conspiracy.
Defense attorneys arguing the
motions were Joseph keenan,, Henry