Evening star., 1945-11-28
KeyU.S. Witness
Fails 10 Identify
Aide ofCur|ey
Directed Verdict of
Not Guilty Ordered on
11Counts for 2in Case

a key prosecution WltneSS IN the
District Court trial of Representa-
tive James M. Curley, Democrat, of
Massachusetts, and four others on
charges of using the mails to de-
fraud and conspiracy today was
withdrawn from the case when he
was unable to identify one of the
defendants.
The witness, John K. Ruff, Balti-
more contractor and builder, inject
ed a dramatic interlude when As
siStant Prosecutor John NJ Kelley
jr., asked him to point out in the
courtroom man the witness said
he met in November, 1941, under the
name of James Fuller.
Mr.. Ruff stood up in the witness
box and gazed around him. Mean
while, Defendant James G. Fuller,
43, who has been serving time for
alleged misuse of the mails was
seated beside his counsel few steps
in front of the complaining witness
Saw Man Only Once.
Lift your head, Mr.. Fuller" the
prosecuting counsel demanded. De-
tense attorneys protested that Mr..
Kelley virtually had pointed out the
defendant to Mr.. Ruff. The studious
appearing Fuller, who wears steel
trimmed glasses and was neatly
dressed in a gray tweed suit, con-
tinued to write on large pad on
the desk before him. Mr. Ruff ex-
planned to the trial justice that he
had seen the Fuller he referred to
on only one occasion and was unable
to locate him in the courtroom
On the basis of Mr.. Ruffs inability
to make the identification defense
counsel objected to further testi-
mony in connection with Fuller
The objection was sustained and
Mr.. Ruff was withdrawn as a Gov
ernment witness until the prosecu-
ton succeeds in offering evidence
to connect his story with one or
more of the defendants.
Earlier Justice Proctor ordered
directed verdict of not guilty on II
counts of the 16-colmt indictment
against James Barton Underwood
of Washington and Bert Hall of
Dallas, Tex, and Tulsa, Okla, on
the ground that the prosecutors
opening statement did not connect
them with alleged mail fraud trans
actions set forth in II of the counts
All five defendants had been charged
with Is specific mail misuse counts
and a 10Th count specifying con-
spiracy.
Rented Space.
Theodore L. Block, Washington
real estate dealer, testified today
that Engineers Group. Inc, al
legedly operated by the defendants,
rented Office space from him in
the 1000 block Of Seventeenth street
NV. for about six months be-
ginning in August, 1941. He de-
clared the corporation frequently
was behind with its rent and he
was forced to sue to recover the
final payments at about the time
the Department of Justice closed
the corporation.
Records of the checking account
of the Engineers Group were
brought into court by Eugene F.
Case of the National Metropolitan
Bank. These included signature
cards, ledger pages, Cancelled checks
and deposit tickets, but they will
not be admitted in evidence until
the Government can prove direct
connection between the documents
and one or more of the defendants.
The fifth defendant is Donald
Wakefield Smith, former member
of the National Labor Relations
Board.
Justice Proctor yesterday severed
the case of David E. Desmond, de-
scribed as Boston stockbroker,
from tns trial with the others here
on the basis of evidence that he is
too ill to come to Washington. A
seventh defendant, Marshall j. Fitz-
gerald, died last summer.