Evening star., 1944-10-04
|viereck Story
10 Grand Jury
Issue in Trial
Government Effort
To Submit Testimony
Fought By Defense
BY CARTER BROOKE JONES.

BY CARTER BROOkE JONES.
Whether testimony which George
Sylvester Viereck, a defendant ir
the sedition case, gave before Dis
[trict grand jury on December 30,
l943, was voluntary and his rights
were protected was an issue before
Chief Justice Edward G. Eicher to-
day.
With resumption of the mass trial
set for this afternoon at the first
1-to-6 pm. session, the hours which
the case is to follow hereafter, the
Government and the defense had
submitted written arguments over
the admissibility Of grand jury evi-
dence.
Transcript Refused.
This marks the second effort the
Government has made to read to the
jury excerpts from Viereck's state
ment to the grand jury. Justice
Eicher on September 81 refused to
admit q transcript of testimony by
Viereck and another defendant
Prescott F. bennett. The new offer
contained a proffer of shorter ex-
cerpts of Weeks testimony alone.
Viereck's attorney, Ben Lindas,
IN a motion to suppress this evi-
dence, contended it would convey to
the jury the fact that Viereck was
tried and convicted on a previous
charge which had nothing to do with
the present case-failure to disclose
required information when Viereck
registered with the State Depart
ment as an agent of a foreign power.
Mr.. Lindas charged, further, that
the appearance of Viereck before
the grand jury at the end of last
year was not voluntary, but that
ne was brought here from the At
lanta Penitentiary and required to
testify. At the time, Mr.. Lindas
said, the defendant was not "physi-
cally or mentally capable OF realiz-
ing the full import of said proceed
ings," and he did not talk willingly
and was without adequate repre-
sentation or advice.
Called Voluntary.
On the other hand, Special Prose-
cutors o. John Rogge and Joseph
w. Burns maintained, in their
memorandum to the court, that
Viereck's appearance at that time
was not pursuant to a subpoena,
but was purely voluntary on his
part" 1t followed, the prosecutors
added, an arrangement between
Viereck's attorney at that time and
William Griffin, New York pub
Usher.
Government counsel cited a por-
ton Of the transcript to show that
,Viereck was reminded before he
testified that he had come on such
a basis and that he was to be cues
toned only in regard to his dealings
with Griffin. Viereck also was
warned, the transcript indicated,
that it was his right to refuse to
answer any question which might
incriminate him.
The Government also offered ex-
cerpts from testimony which Vie
reck gave in July of that year.
Say Situation Is Changed.
The Government contended that
the situation had changed since the
court ruled out previous record of
grand jury evidence, because GER
tain facts relating to it had been
proved independently. 1t also was
stated that the prosecution had no
intention Of bringing out at this
trial Viereck's previous conviction,
although it well could be admissible
under established rules of evidence.
Justice Eicher has not indicated
when he will rule on the grand Jury
testimony.
Awaiting completion, meanwhile.
was the cross of Sew
erin Winterscheidt, a Government
witness, once leading figure in
the German-American Bund.