Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-12-20
Government Comedies
Lewis Trial Testimony
Forced Deputy Leave


made it's first official acknowledge
ment that United States Deputy
Marshal Donald H. Foster was
placed on annual leave because
of testimony he gave in the Will
liam (Snags) Lewis trial, which
ended in 8 hung jury.
This became known as the JUS
tice Department. acting through
the Office of United States Attor-
Iney George Morris Fay. filed a
motion to dismiss Deputy Fosters
complaint. Mr.. Foster has asked
the court to restrain United States
Marshal Bruce Matthews from
keeping him on the leave, which,
he says, he does not want.
Chief point of the Governments
move yesterday was that the or
ders given to Mr.. Foster were
privileged and immune" since
they were issued by the United
States marshal as an officer of
the Justice Department.
Contradicted Fihelly.
In a discussion of the issues
raised in its dismissal motion, the
Government referred to the origin
of the dispute. It was related
that Attorney Fay placed a tele-
phone call with Salvador Andret-
ia, Justice Department head of
United States marshals, on No.
vember Is, shortly after conclu-
sion Of the Lewis trial.
According to the papers, Mr..
Fay told Mr.. Andretta that Dep
uty Fosters trial testimony, as a
defense witness. 'contradicted"
that given by Assistant United
States Attorney John w. FINELY
on important aspects" Of the
case.
Mr.. Fay also spoke OF the depu-
tvs having been lin trouble be-
FORE" the papers continued. The
trouble" referred to was not am
plif1ed by the Government. how
ever.
Testimony Involved Numbers.
During the Lewis trial Mr.. FL
belly had testified regarding one
Of the suspects arrested in Snags
Lewis place during Mr.. Fay's
March rs anti-gambling raids. Mr..
FINELY had said that. under ques-
tioning in his courthouse Office,
the suspect admitted he played
the numbers.
Mr.. Foster later took the stand
to say of the same interview that
the suspect denied having any
thing to do with numbers bets.
AS a result he was placed on
his enforced annual leave just
three days after Mr.. Fay had his
telephone talk with Mr.. Andretta.
His leave accumulation will last
through February 10.
The Government yesterday en-
phasized that Mr.. Foster has nei-
ther been fired nor suspended and
that, under the leave order, he
still collects full pay. This status
was decided on by the United
States marshal pending an inves-
tigation of Mr.. Fay's complaint.
Publicity Cited.
It was further emphasized that
any suspension OF a deputy is
necessarily without pay "and
takes place only when the United
States marshal has proof of mis-
conduct or dereliction Of duty" on
the part Of deputy.
The Governments urgings yes
terday reflected consciousness Of
newspaper publicity. At one point
the papers mentioned that Mr..
Foster "broke" the story to news
papers and that his case as a re-
suit was Extensively publicized."
Another reference was made to
the fact that because newspapers
may "misconstrue the implica-
tions" of Mr.. Fosters being
placed on annual leave that docs
not augment the plaintiffs
rights"
Barring unforeseen develop
ments, the next step in the con-
troversy will be oral arguments
before a judge on the dismissal
motion,