Evening star., 1945-11-27
80 Are Due 10 Testify
As Trial Of CurIey
And 4 Others Opens

The long-delayed trial of Rep
resentative James NJ Curley of
Massachusetts, mayor elect of Bos-
ton, and four others under indict-
ment for alleged misuse of the mails
got under way in District Court
this morning with more than 80
Government witnesses expected to
testify.
At the outset Justice James M.
Proctor overruled a petition for a
further continuance filed by Attor-
ney James j. Laughlin in behalf
OF his client, James G. Fuller, for
merly of Washington, who has been
serving time on conviction of send
ing fraudulent securities through the
mail.
Mr.. Laughlin stated he had been
ADVISED the court proposed to go
ahead with the trial after severing
the case of David E. Desmond of
Boston, described as a stock broker,
who has been reported too i'll to
attend the trial.
Testimony Termed Vital.
The defense attorney insisted
Desmond's testimony would be vital
to the case of Fuller and asked that
the trial not proceed until Desmond
could be present. While the peti-
ton was overruled, Mr.. Laughlin
was advised, he said, that Desmond
will be brought here later as a wit
ness. &,
William A. Paisley, special assist
ant to the Attorney General, who
Will prosecute the case, explained
in a brief opening statement what
the prosecution proposed to prove
Mr.. Paisley said the scheme of the
defendants, who are charged with
l5 specific misuses of the mail, and
with an additional charge of con-
spring together to misuse the mail
was to organize an engineering cor
poration through which firms, per-
sons and corporations would be
induced to pay over sums for the
procurement Of Federal contracts or
subcontracts.
The prosecutor declared it would
be shown that the defendants had
accepted the sums with the promise
the money would be returned If the
contracts were not forthcoming, but
that these sums in certain cases
had been withheld, although de-
mand had been made for their re.
turn. He said the Government ex-
pected to show that the mail had
been used for the transmission OF
many fraudulent statements of fac,
in connection with the transac-
tions.
Firm Called Engineers Group, Inc
The indictment charges that Rep.
resentative Curley, a Democrat, who
was elected Mayor of Boston earlier
this month, and the other defend.
ants operated between June 20, 1941
and February %, 1912. describins
themselves as an experienced and
competent firm Of consulting en-.
gineers, with special qualification.
for obtaining war contracts from
the Government, although as q
matter of fact they had little O,
no experience of the sort claimed
The defendants now on trial In.
clude Representative Curley, Fuller
Donald Wakefield Smith of Wash.
ington and Pittsburgh, James Bar.
ton Underwood, formerly of Wash.
lngton, and Bert Hall of Dallas, Tex.
and Tulsa, Okla.
The firm operated under the name
OF The Engineers Group, Inc, il
was said. Another defendant. Mar.
shall j. Fitzgerald, died after the
Indictment was returned. It wa.
indicated Desmond would be triec
at some later date.
Attorney William E. Leahy. who
is Curley's chief counsel, announced
at the trial that the defense prob.
ably would summon as witnesses
Senator Theodore Green of Rhode
Island, and former Senator Prentiss
Brown of Michigan. Defense Attor.
ney Laughlin told the court he
wished to summon as defense wit.
nesses Thurman Arnold, former
Assistant Attorney General, anc
Francis Biddle, former Attorney
General, who is now serving with
the International Military Tribunal