Evening star., 1949-05-02
Counsel for Man Held
4Months Without Trial
Submits More Papers

Counsel for a man held in the
District Jail for four months with
out a hearing has filed addi-
/ tional papers in District Court 70
support his contention that his
clients rights have been violated.
/ The attorney, T. Emmett Nc
Kenzie, denied that his client.
Scott w. Fuller. "a. colored, Of
Sedalia, N. c.. has been afforded
every right" as argued in papers
filed late Friday by United States
Attorney George Morris Fay and
Assistant United States Attorney
Richard M. Roberts.
Mr.. Mckenzie also declared
that Fuller denies he had waived
the right to hearing before a
United States commissioner, as
contended in by the Government.
The Government papers. which
oppose defense motion to dismiss
a grand larceny indictment against
Fuller, did not say where the
prisoner had waived his right to
a hearing. Asked about the state
ment, Mr.. Roberts said the COM
missioner was in North Carolina,
where Fuller was arrested TO be
returned to Washington.
Arguments Set Wednesday.
The papers filed Saturday by
Mr.. Mckenzie were in the form of
supplemental points and au-
thorities" TO motion filed earlier
asking the court TO dismiss the in
dictment against his client.
Arguments on the motion to
dismiss the indictment are sched-
uled to be heard in District Court
Wednesday. Specifically. Fuller
is accused of stealing $120 from a
filling station operator. He plead
ed not guilty to the charge when
arraigned last Monday.
1t was revealed by Assistant
United States Attorney Roberts
that several North Carolina
authorities are scheduled to appear
as witnesses at the hearing
Wednesday to testify on procedure
followed there after Fuller's arrest.
Another contention made by Mr..
Mckenzie is that modern rules of
criminal procedure require court
to consider whether man brought
before it has been taken there
through proper legal procedure.
He made this statement in arguing
against a Government contention
that courts are not required to
consider by what means prisoners
are brought before them.
Governments Stand.
On this point, the Government
in its memorandum opposing the
motion to dismiss said:
1.-The courts have held many
times that where a defendant is
brought before the court. the court
will not inquire into how he was
brought before it,"
Mr.. Mckenzie says however.
that authority cited to back up
that contention has been out
dated.
Fuller's long detention in the
Jail here without hearing promp-
ted two investigations. One was
made by Assitant t. United States
Attorney Charles B. Murray on
orders of United States Attorney
Fay. Mr.. Murray reported to Mr..
Fay. but the latter refused to
reveal any details of the report.
stating all facts in the case would
be presented in court at the time
of the hearing on the motion to
dismiss the indictment.
Keech Investigates.
The other investigation was
made by District Court Judge
Richmond B. Keech. who said
Friday the United States Attor-
ney's Office was formally notified
of the prisoners return here from
North Carolina.
Judge Keech also said the pos
sibility of any prisoner in the fu-
ture being brought in from an
other jurisdiction and allowed to
remain in jail any great length Of
time without hearing mas been
eliminated. Hereafter, Judge
Keech said. the United States
marshals Office will inform the
court Immediately when a prisoner
is brought into the District SO the
court can take steps to insure a
prompt hearing.