Evening star., 1944-12-17
De Marcos Says
Canada Wants
Him PUT AWAY
Conspiracy Charge
Voiced at Hearing
On Extrodition

On Extrodition
Julian r. De Marcos, 77-year-old
former mental patient now under
Indictment here on a charge of as
sault with a dangerous weapon,
yesterday told a Federal judge in
Knoxville, Tenn, that he was vic
tim of conspiracy between the
United States and Canadian gov
ernments. The statement came at
hearing on hfs extradition to
Washington.
Federal Judge George c. Taylor
took under advisement the Govern
ment's request to return De Marcos
here and at the same time withheld
decision on a new writ of habeas
corpus by which De Marcos sought
his freedom in Knoxville. The fugi-
tive remains in Jail there under
$4,000 bond.
At the hearing, De Marcos assert.
ed the assault indictment was "a
case of pure subterfuge" and that
authorities want me back in Wash
ington to commit me to an insane
hospital. This is by agreement with
Canadian authorities, who want me
put away for good" q
Expects Long Legal Fight.
Declaring, "If I am returned to
Washington, know down in my
heart that the assault charge will
be dropped de Marcos said that if
he is recommitted to st. Elizabeths
ut will take five years more to fight
my way out again through the
courts
The convicted slayer was liberated
from st. Elizabeths II days ago in
a habeas corpus proceeding by Dis
trict Court Justice T. Alan Colds
borough, who found that he was
"of sound mind" Two days later
the United States Court of Appeals
here ordered De Marcos apprehen-
sion and .'econfinement pending an
appeal by the United States at
torney's Office, which indicated it
took the action for the protection
of the public"
De Marcos was arrested by the
FRI in Knoxville last Tuesday, and
the next day the grand jury here
returned a true bill on evidence
presented by the United States at
torney's office. The assault case
grew out of an alleged attack made
by De Marcos September while he
still was patient at st. Eliza
beth's. He had been transferred
there in 1889 after his conviction in
Canada five years before on
charge of manslaughter.
Defendant Draws Own Petition.
After his arrest in Knoxville, De
Marcos called for seven sheets Of
legal-size paper, warning that he
would file new habeas corpus pc
tition. He drew up the legal paper
himself and filed it Friday.
Before Judge Taylor, De Marcos
admitted he was convicted in Al
berta, Canada, of manslaughter and
declared he killed "a Communist"
there in self-defense.
The Federal judge asked De Mar
cos why the Canadian government
wanted his confinement. De Marcos
replied:
That goes back to the man
slaughter conviction. I studied law
with a prominent Canadian law
firm and became police investiga-
tor. I learned too much in my in
vestigations, and the Attorney Gen.
eral there didn't like it. My knowl-
edge was coming too close to home.
i retired from the investigators
position and entered a private busi-
ness OF my own, the Acme Sanitary
Engineering Co. I was called to a
hotel room to fix plumbing failure.
Tells of Attack.
On leaving, woman struck me
in the face and four Communists
attacked me. They were laying for
me because had sent one of their
leaders to prison. I defended my
self, pulled my pocket knife and
sought to jab it into the assailants'
arms to fight them off. The knife,
which had short blade, acciden-
tally struck one of the Communists
in the throat, pricking his jugular
vein. He died"
A Knoxville attorney was ap-
pointed to represent De Marcos yes
terday but his services were seldom
needed, since De Marcos pleaded
most of the case himself.
Late Friday Justice Goldsborough
declared "the attitude and de-
meanor" of witnesses for DR.. Win
fred Overholser, superintendent OF
st. Elizabeth's Hospital and the
respondent in the habeas corpus
proceedings here in which De Marcos
was released showed that they
were prejudiced, biased, unfriendly
and certainly not objective in their
consideration" of De Marcos case.
Justice Cites Testimony.
In findings of fact and conclu-
sions of law" in which the state
ment of prejudice" was made, Jus
tlce Goldsborough also concluded
that the former mental patient had
'by the preponderance of evidence
demonstrated he is of sound mind"
Citing the testimony of DR.. Frank
S. Caprio, who has an Office in the
Farragut Medical Building and
who was called as a witness by
George A. Parker, De Marcos at
torney, Justice Goldsborough said
/" in the opinion of an expert
witness who examined the petit
toner on November IL, 1914, petit
toner was of sound mind" The
Justices findings also asserted st.
Eliza hath'c affppdoyofc haJ fc,,,,J
De Marcos cooperative, never at
tempted any violence, never in
dulged in any act dangerous to in
mates or other persons"
The findings and conclusions were
an elaboration of Justice Colds
borough's remarks from the bench
at the time he ordered De Marcos
freed, and are customarily fled fol-
lowing such proceedings.
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