Evening star., 1949-04-23
Man Detention
4 Months Before
Hearing Probed
Authorities DENY
Sl'pup os Foy
Begins Inquiry

-
Tae uasseG states Ataasney q
osacs tCaay aesAa as exhaustive
investigation Erso eAArsrs tfmt o
rrasogaey wAs OBTAINED IN geee gaas.
tysci Jan Tex :aaF aaaataa Without
= heArsng.
AL aatsns.Iars involved n tAs
usual Fcat2tse es ptcpeEay aEva.Sn.
snS . defendant have daSeiakaart
kncwiesge O. 'saw s~s'sE Wssisy
rlhsy. -. eakNea. {! scala.
n, C. ~'as permitted 80 lAsssaassn
IN = oca slEsew last pccenhsE -
The strange circumstances came
TO llghs when Aitosrny 7. kSa-
NETT McksaEse aiea a noGaaa IN
District Couyt asking cGsgnassas az
rrand lArreny n4dk tnient gr-
turned against Fuller l4sl Men
day.
United States Attorney George
Morris Fay assigned ASslasans
Charles Murray 10 institute ths
investigation. which sill b. eAg-
ried Through iFen tho time .
warrant VAS issued herr December
- for FN4ilerS arrest until lAs
Vas lncareerased here,
Warrant Challenged.
In conIenaing that Ft2lsFs
civil rights acre violated. Nj.
Mckenzie charged that the arst
breach occurred when Detective
Scrst Frank A Jordan obtained
"A warrant from United States
Commissioner cyfii 5 Lawrence
by swearing 10 q complaint ANh-
out presenting q sworn sffldsstt
from the eosnplalnine witness,
Milton 0andieman.
I, was on a eharseRpf robbins
MIR. 0andelmans f1liA aatsoa ct
Twelfth and Frankl&sgrets NE,
of si2O a year aso Fuller ~A'
indicted here,
Further. the attorney chayged
that Fuller Was es takefr before a
United States commissioner when
arrested In Aerih Carolina, but
immediately as delivered To the
United Statesanafshal ofiAee here.
Instead OF helng given an imnae.
dlate hearing as provided by Fed
erai Law, Fuller then was com.
mitled TO the District jail with
the notation, Hold tot the United
States marshal, the attorney fur
ther charged.
Not until Fuller contacted Mr..
Mckenzie last week was his de-
tention brought 10 iisht, after
which the attorney noiIiied the
United States attorneys once and
the indictment followed. Mf Me.
kenEie said.
In his investigation Mr.. Murray
will attempt 10 learn where the
legal machinery broke down Be-
fore he Ia satisfied he viii aaes-
ton these authorities.
The original complainant, the
police officer who, Avore 10 The
municipal court
judge who tirst issued a warrant
before Commissioner Lawrence
Issued his. the United States mar.
shal in North Carolina. the North
Carolina commissioner. ths judge
there who issued the removal
order. the deputy marshal who
brought Fuller here, the clerk OF
the criminal court here. the unised
States marshAi's once here. Dis-
uict jail officials and the United
States attorneys once.
Meanwhile. there appeared 10
be no one who was oiiieially mott"
fed OF PullcrS return herr from
North Carolina.
James Mcnendez. clerk Of tils
Criminal Court. said he was never
notified. as is customary when
the warrant Is issued in another
Jurisdiction. Therefore. the court
had no record OF FuIlcrs pnst-
ence.
Removal Not Routine.
Commissioner Lawrence said In
such cases OF removal warrants
II Is not routine 10 notify hia
ONCE on service Of the waFrsnta.
Col. Curtis Reid. District jail
superintendent. said the taii had
never notified the marshal. United
States attorney or the commits
sioner OF Ptlllers detention.
This Is not our province. he
said. We only have prisoners IN
our custody. Were not supposed
to investigate them
Commissioner Lawrence did
puted Mr. MeKenzis's conisn.iot
that be had illegally issued unb
warrant, cltin1 from rule Of Fetif
eral Criminal Procedure wisict
says in part.
If II appears from the conaS
plant that there Is probahls easiss
10 believe an offenss has bsse
committed and that the dsfsrsee
ant committed II warrant fd
the defendants arrent shas
issue
In his motion 20 dismiss tl8
grand larceny indictment. ~
Mckenzie cited the United Staifs
code providing for criminal pToaef
eution Of persons who violate eiyn
rights Of another.
Rights Violation Changed.
Here the United States conf
missioner for ,ths District tsAt
violated the ~vfi rights of thi
defendant.
The United States marshal cf
North Carolina hak likewise vios
lated civil rights.
The uniMk States asaorney
for the Dtgtri@k has hmled TIE &C
fendant into ~coslrt 70 d&skrH
a