Evening star., 1949-05-05
Fay's Office Explains
Details OF HoIdinq
Man Without HEARING

Man Without Hearing
District Court Judge James w.
Morris today heard attorneys sum
UP explanations in what he called
"a thus far inexplicsble" case Of
colored man held in jail hare al
most four months before action
by q grand jury.
A parade of witnesses from the
offices OF the United States attor-
ney. United States marshal and
District Court clerk would venture
no opinion on how a removal war
rant for the return Of Scott w.
Fuller. ~. colored. from North
Carolina to the District last De-
cember wound up in q routine cor
respondence file in the District
attorneys once. The document.
several Of the witnesses testified.
should have gone to the grand jury
section of the once. which is in
the Municipal Court Building,
whereas the main ONCE Ia in the
District Court Building.
Fuller wound UP in the District
jail after being brought back here
from Sedalia. N. c.. last Decem-
Der on Q charge Of stealing si2o
from Milton Gentleman. filling
station operator here. His case
did not go before the grand jury
until early last month. He was
indicted on grand larceny
charge and pleaded not guilty.
Dismissal Asked.
His attorney. T. Emmett Nc
Kenzie, asked the court TO dis
miss the indictment. After taking
four hours OF testimony yesterday
and another two hours today.
Judge Morris began hearing final
arguments by Mr.. Mckenzie and
Assistant United States Attorney
Richard M. Roberts.
MIR. Mckenzie told the court TO-
day that the indictment should be
dismissed not only because Fuller
was illegally detained here for an
unreasonable period before grand
jury action, but also because
Fuller was not fully acquainted
with his rights after being picked
up In North Carolina last Decem-
Der.
At that time Fuller signed o.
waiver by which he was returned
to the District. Mr.. Mckenzie
contended. however. that Fuller
never personally appeared before
Judge or commissioner In North
Carolina and that he merely
signed o form which some Of
ficial down there seems 10 carry
around in his pocket for such oc-
casions."
Warrant CHALLENGED.
Mr.. Mckenzie also attacked the
validity Of the warrant issued by
United States Commissioner Cyril
8. Lawrence for Fu1ler's arrest.
That warrant, he told the court.
was issued after Washington police
obtained an original arrest war
rant for the District but learned
later that Fuller was In North
Carolina. Mr.. Mckenzie assert
ed that Commissioner Lawrence
issued the warrant without re-
ceiving evidence to support such
action. .,,rs.-. .pAoI
} When he declared that this
amounted tc - police state meth
DDS" Judge Morris reminded him
sharply that: we win save q
great deal Of time II you viii give
this court credit for just as jealous
for the rights Of the defendant as
you are, The thing We want To-
determine lis whether his rights
were violated" aaa tss -,~}
/ Fuller admitted yesterday that
he had waived the right to O hear
ing in North Carolina: regarding
his return here last December.
To add to the confusion In the
case the copy OF q waiver which
North Carolina authorities testi-
fed Fuller had signed was re-
ported lost.
United States Commissioner L.
Herbin Of Greensboro. N. c., testi-
fed that Fuller orally waived the
right to q hearing before him.
The Government would like to
find the paper on which Fuller
allegedly signed the waiver in
North Carolina. Two deputy
United States marshals from
North Carolina also testified yes
terday regarding procedure In
North Carolina relative to Fuller's
return to the District.
Mr.. Roberts did not state what
witnesses he would call today. It
was thought likely. however. that
Assistant United States Attorney
John j. oIeary. who handles ex-
tradition proceedings here for the
United States attorneys ofiice
would testify.
Rn&faved S%nIen Snfe