Evening star., 1947-02-08

Say Army Is Trying
Ito Create Prejudice
Attorneys for James e. Durant
and Mrs. Martha Evans, key ci-
william witnesses In the Army's court
martial ,of Col. Jack Durant inI
connection with the Hesse jewels
theft, today charged War Depart
ment representatives with attempt
ling to create public prejudice"
through statements made to the
press which linked the two Vir-
ginia residents with the case.
Durant, brother of the principal
defendant, Col. Durant, and Mrs.
Evans, who was prewar acquaint-
ance of the accused officer, are re-
sisting Army subpoenas which
would require them to testify att
trial sessions scheduled, to start at
8 am. Monday in the Pentagon.
Col. Durant's plane, meanwhile,
was reported delayed in the Azores
by bad weather over the Atlantic,
which Is expected to permit his ar
rival at National Airport here no
sooner than 4:30 am. tomorrow.
Frank L. Ball, Frank L. Ball, ST,
and P. M. Grabill, attorneys for the
two witnesses. declared in state
ment issued this morning:
''The statements attributed to rep
resentatives of the War Department
can only be intended to create pub
lie prejudice and constitute an ef-
fort to try In the press and over
the radio q case now pending in
the United States Court, a practice
not indulged in by any member Of
our Office"
Court Decision Awaited. Fl
The witnesses await decision of
a Federal District Court on their
move to avoid testifying in the
court-martial.
The Balls, however. refused to
comment on Army disclosure yes
terday that part of the Hesse treas
ure-two quart jars of gems and
jar containing $4,000 In cash-was
buried for time in the ground
near Leesburg Pike in nearby Vir-
ginia.
The story Of jewels and money
buried near Washington came out
after Judge Robert N. Pollard took
under advisement In Federal Dis
trict Court in Alexandra motions
to quash subpoenas for the two wit
nesses.
Brother Wanted As Witness.
Mai. Joseph S. Robinson Of the
Judge Advocate Generals Depart
ment, the Army's chief prosecutor,
told the court that Mr.. Durant
and Mrs. Martha Evans, $500
block of Old Dominion boulevard,
Alexandria, were needed to testify
| in the court-martial because Of
signed statements they had made.
Mrs. Evans is q former United
Nations organization secretary, ac-
cording to Maj. Robinson.
Later the prosecutor told reporters
that two quarts Of diamonds and
$2S, 900 in third quart jar were
buried in Falls Church or Arlington
County near the Leesburg pike. 1t
was learned in other quarters that
the loot is in possession Of the Army.
Most of the $1,5o0,000 loot still
is missing, Maj. Robinson said. How
the jewels and money dug up near
Falls Church, came to be buried
there is expected to come out at
| fbo trial r,eyt week
Mr.. Ball, ST., moved to quash the
subpoenaes on the grounds the court
martial board is without authority
after leaving the jurisdiction of the
commanding general who convened
1t in Europe. The very moment
they (the court-martial board men,
bers) left Europe their Jurisdiction
ended, Me. Ball told the court.
Mai. Robinson presumably was
one Of the War Department repre-
sentatives mentioned in the Ball
statement today.
Back to Frankfurt Later.
Army attorneys argued that the
only time q Federal District Court
has Jurisdiction over a court-martial
Is after the military tribunal gives
its verdict.
Mai. Robinson told reporters that
court ruling adverse to the Army
does not mean the court-martial will
not proceed on schedule Monday.
Judge Pollard will be in Richmond
next week when he hands down q
decision.
Meanwhile, the Army announced
that the trial of Col. Durant will
be returned to Frankfurt after
certain vital witnesses" have been
questioned here.
The temporary transfer Of the
trial was arranged, the War Depart
ment explained, because the law
does not permit subpoena Of United
States citizens outside this country
Army officials said there Is long
list of witnesses and that the pro-
ceedings here may last as long as
three weeks.
Mr.. Durant, who lives in the 100
block of West Cameron road, Falls
Church, was elected to the Falls
Church Town Council last year.
He has been appointed chairman
of the Finance Committee of the
council.
He is married and Is an account
ant at the General Accounting
Office in Washington.
Secession Move Blocked
In Finhf m IIninn | eader