Evening star., 1948-04-15
Government Drops
EmbezzIement Case
AGAINST Mrs. Kelly

Trial of nine men on charges OF
conspiracy to embezzle union funds
opened today In District Court after
the Government dropped its case
against Mrs. Larry Kelly, wife OF
the missing former treasurer of the
Building Committee of Local "a
AFL, International Hod Carriers and
Common Laborers' Union.
Leo A. Rover. special assistant
to the Attorney General, asked that
charges against Mrs. Dorothy B
Kelly be dismissed on grounds OF
insufficient evidence, and the plea
was granted by Trial Justice Alex
ander Holtzoff. The case against
Larry Kelly, said by the defense to
have died on a merchant ship dur
ing the war in the Pacific, will be
dealt with separately.
Shortly before the luncheon re-
cess, a jury and three alternates
were sworn in. Justice Holtzoff ad-
monished them not to discuss the
case among themselves or with
friends or relatives.
Three Alternate Jurors Chosen.
Usually in a big case only two al
ternate jurors are chosen to replace
any of the regular IL who might
drop out. But in this case, since
the trial may last some time, Mr.
Rover suggested three to the court
Justice Holtzof agreed.
AS the picking of jury got un-
der way, Mr.. Rover called the roll
of the defendants, and each arose
so the members of the panel could
see him. Mr.. Rover identified the
case, pointing out the indictment
charged conspiracy to commit granc
larceny, embezzlement, receiving
stolen property and to defraud the
Federal Government out of taxes
due on intoxicating liquors, growing
out of misapplication of union funds
The prosecutor read of a list ol
almost so witnesses the Govern.
ment plans to call, including men,
bers of the Alcohol Tax Unit of the
Treasury Department, the Alcohol
Beverage Control Board and repre-
sentatives of liquor interests here.
Garfield Challenges Venire.
When Mr.. Rover announced that
two persons not named in the in
dictment were involved in the con-
spiracy, Defense Counsel Austin F.
Garfield challenged the entire panel
of prospective jurors, saying they
should be dismissed from considera-
ton of this case.
Justice Holtzoff, however, prompt
ly overruled this move.
The jurist took over questioning
of the prospective jurors. Among
the questions asked was whether
any were members of a labor union
About a dozen responded, but sale
their membership would not affect
the outcome of the case, and they
could decide it without bias.
Death Certificate Filed.
Mr.. Rover filed a certified cop!
of the death of one of the person!
named in the indictment-Matthia!
M. Kiesgan, former clerk Of the Dis.
trict Council Of the union. He an.
nounced a separate trial has beer
given Mr.. Kelly on the ground he
is unavailable"
Among the questions asked of the
prospective jurors was one directed
at membership in the Communist
Party.
Those on trial are Joseph Speed
George Morgan, Evans H. Hamilton
George w. Plummer, former presi.
dent of the local; Joseph v. Mo.
reschi, president Of the interna-
tional; Faust Moreschi, his son, for.
mer secretary-treasurer of the Dis.
trict Council; John w. Garvey, gen.
eral organizer and representative
Of the International; Achilles R
Persion, general secretary anc
treasurer of the international, ano
Isaac Weiner, builder and contrac-
tor, of LeonardtoWn, Md.