Evening star., 1947-02-22
Carson Trial DELAYED
Month Due 10 Conflict
InAttorney' schedule

has been officially set for April 81
Although it was previously sched-
uled to begin March 19, Chief Justice
Bolitha ]. Laws in District Court
late yesterday set the new date
This was because one Of the defense
counsel will be engaged in another
trial in Pennsylvania in the interim
Meanwhile, arguments on the
validity of the indictment will con-
tinue before Justice Henry A.
Schweinhaut in District Court,
starting at 1890 am. Tuesday.
The Government is represented by
Special Assistants to the Attorney
General William A. Paisley, Bernard
J. Vincent and Ellis L. Arenson.
At yesterdays session before JUS
tice Schweinhaut, Attorney Henry I.
Quinn, representing the defendant,
Joseph F. Freeman, described as
Washington representative of the
Garssons, charged that the District
grand jury which returned the
indictment was composed Of a
majority of Government employees.
Mr.. Quinn, in asking the court to
throw out the indictment, said the
grand jurors "did not represent a
fair section Of the community and
it may be presumed the defendants
did not get fair hearing"
Conspiracy Is Charged.
Former Representative May, Demo-
crat, of Kentucky, wartime chair
man of the House Military Affairs
Committee; Henry M. and Murray
Carson, brothers, and Freeman are
charged with conspiracy to defraud
the United States of the honest
services Of May. May is charged
with accepting money from the
Garssons illegally. in conjunction
with war contracts.
Arguing for the Garssons, Charles
J. Margiotti of Pittsburgh, Pa.
former attorney general Of Pennsyl-
vania, filed a motion for the return
of papers. He said the Government
had taken them by coercion without
search warrant and turned over tc
the Justice Department. He asked
the court to suppress the use Of them
by the Government.
There Is no conspiracy in this
case" declared Mr.. Margiotti.
Asked by Justice Schweinhaut
what, crime, granted the charge was
was true, the Garssons could be held
guilty of, Mr.. Margiotti replied:
Under these facts, the Garssons
could be indicted for bribery"
The reason for the delay in the
trial date is that Mr.. Margiotti will
be In Harrisburg, Pa, for a trial
starting Thursday. He is defending
former Federal District Judge Albert
w. Johnson of Scranton, Pa, and his
three sons, charged with conspiracy
to defraud the United States. Mr.
Margiotti indicated the trial may
run two months or more.
Full Hearing on Testimony.
Attorney Warren E. Magee, repre-
senting May, told Justice Schwein-
haut yesterday afternoon that full
hearing on testimony before the
grand jury should be held. He said
this means examining the grand
jurors and Government prosecutors
under oath.
Mr.. Magee told the court that al
the defendants gave information tt
the Mead Committee, as the Senate
committee was known, in executive
session. This, he said, was used by
the Justice Department and 1aie
before the District grand jury.
Mrs. Magee argued that the Law
that promises immunity to witnesse!
before congressional committees, ex.
empting them from criminal prose.
cution, was violated.
Another counsel tor May, Sawyer
Smith of Covington, KY, in attack.
ing the indictment, charged it is no
drawn in plain and direct language
and that it was written to influence
the jury at the trial. He declared
May does not know the exact charge
he has to meet.
Representing the Garssons with
Mr.. Margiotti is Allen, j. Krouse
former Assistant United States At.
/ hare