Evening star. [volume] (Washington, D.C.) 1854-1972, 1946-01-02
u. 5. Withdraws
Confession in
Engineer Case
Promises Conceded
To Have Produced
Alleged Statement

A purported confession" by James
G. Fuller, one of the defendants in
the mail fraud trial of Engineers
Group, Inc, in District Court, was
withdrawn by the Government to-
day. The paper had been offered as
prosecution evidence.
William A. Paisley, special assist
ant to the Attorney General, con-
coded the confession" had been OBJ
tanned on a promise by Government
counsel to dismiss certain criminal
charge against Fuller in Brooklyn.
The FBI secured the confession"
from Fuller, executive vice president
OF the group, about two years ago.
Justice James M. Proctor, presid-
ing at the trial, which resumed to-
day following a holiday adjourn-
ment, said he thought the Govern
ment was wise In withdrawing the
document, inasmuch as it appeared
promises were made which might
form a very strong inducement to
Fuller. The jurist made 1t clear
that he was not called on to rule
on the admissibility of the docu-
ment, inasmuch as the Government
was voluntarily Withdrawing it.
Need More Witnesses.
Mr.. Paisley said due to withdrawal
OF the confession" it will be neces-
sary to call additional witnesses. all
though he indicated the Govern
ment will close its case this week.
Mr.. Paisley told the court bring
ing Government witnesses into
Washington at this time is proving
a problem because of congestion on
transportation facilities.
The Government filed an answer
10 motion made some time ago
on behalf of Fuller to restrain the
Justice Department from issuing
press releases about the case.
Mistrial Motion Made.
Justice Proctor today took under
amusement defense motion for a
mstrial on the ground that an
article in The Sunday Star about
the case, which involves Representa-
tive James M. Curley, Democrat. of
massachusetts,, was prejudicial to
Fuller.
Attorney T. Emmett Mckenzie
flled the motion on behalf of Fuller.
contending publication of the article
has made it virtually impossible
for this defendant to receive a fair
trial in the instant proceedings. in
that to assume that no intelligence
OF said article came to any member
OF this jury, directly or indirectly.
demands an almost complete paraly-
SIS OF reason, experience and COM
mon sense"
Justice Proctor polled the jury and
determined that none had read the
story. He held up the articel so
that the jurors could see it and re-
affirmed his warning that they
should not read anything about the
case, discuss it with any one or
permit anybody to discuss 1t with
them.
Objects to Record.
Mr.. Mckenzie made his complaint
about publication of F'uller's record
despite the fact that news stories
were carried in the press before
Christmas, when Fuller took the
stand out of the presence of the
jury, and, under the prompting of
Mr.. Paisley. detailed his criminal
record. Published reports of the
Truman Committee investigation
into Engineers Group, Inc, also
contained Fuller's criminal record.
as supplied by the Government.
The Government this morning
called Joseph A. Fitzgerald of the
Adjutant Generals Department OF
the War Department, who officially
keeps records of men who have
served in the Army and have been
separated. He testified that there is
no record of service as officers of the
defendants James Barton Under
wood and Bert Hall