Evening star., 1949-11-29

fOundaClOn Qay celeDraIlOnS.
Foster said, "but I told them I
didn't agree with those notes"
During the trial, he said, Ken
nedy approached him in the court
house hall and asked him if he
was the deputy who had taken
him to Mr.. Fihelly's Office.
"He asked me if remembered
the conversation he had with
Fihelly," Mr.. Foster said. Il told
him I didn't know anything about
it and I didn't want to have any
thing to do with it.
"A lawyer came around to see
me later. He asked me if would
be willing to testify on what I had
heard. I told him, I don't want
to but if I'm subpoenaed I'll have
to-"
Interviewed Before Trial.
After he was subpoenaed. he
said, he talked with Assistant
United States Attorneys William
Hitz and Edward L. Carey and
told them, Il still didn't agree with
Fihelly's notes and the only thing
I could testify to was what I
heard"
Mr.. Hitz said Mr.. Foster came to
him and Mr.. Carey on the morn
ing he was to testify and told
them he had been sent to them by
q deputy marshal to report he had
been subpoenaed. Mr.. Hitz said
Mr.. Carey interviewed Mr.. Fos-
ter before the trial.
Mr.. Ehrlich said he was the at
torney who sought out Mr.. Foster
after getting from Kennedy de-
scription of the deputy who had
accompanied the defendant to Mr..
Fihelly's Office. He confirmed Mr..
Fosters account Of his CONVEX
sation with the deputy.
Mr.. Foster said Chief Deputy
Marshal Charles H. Ward. jr..
called him Sunday and told he
was on annual leave as Of the
preceding Friday. Mr.. Ward. he
said, told him he didn't know
what was the matter and was ex-
pecting q letter from the Justice
Department.
While he was talking to Mr.
Ward, Mr.. Foster recalled, he
asked his superior. HAS his some
thing to do with the Lewis case?"
Mr.. Ward, he said. replied.
you're getting kind Of close to 1t. ;"
L. Awaits More information.
w. Bruce Matthews, the .mar-
shall. said he was at the Army
Navy game in Philadelphia when
Mr.. Ward was called Saturday
about Mr.. Foster. Mr.. Matthews
with some reluctance indicated
this call came from the Justice
Department. That was also in
dicated by the fact that Mr.. Ward
in his conversation with Mr.. Fos-
ter Sunday referred him to Mr..
Andretta.
1.-THE whole thing started as a
rumor," Mr.. Matthews explained.
But pending the outcome of an
investigation he was placed on
leave"
Mr.. Matthews said he was wait
ing at this point for letter giving
him some information.
mo charges have been preferred
by me-" he said. II have nothing
before me but the stir that's been
created. I wouldn't suspend him
without chatges."
The difference between annual
leave and suspension as far as Mr..
Foster is affected at this point is
that his pay continues while he
is on annual leave.
Has Authority to Suspend.
While the marshal is appointed
by the President and confirmed by
the Senate, deputies are selected
by the marshal and their pay is
then. authorized by the Attorney
General.
As administrator Of the depu-,
ties under him, Mr.. Matthews has
the authority to suspend dep
uty. Mr.. Matthews was under
the impression that Mr.. Fay
would communicate with him di-
rectly, but Mr.. Fay made it clear
he was dealing with the Justice
Department.
Mr.. Foster said he had asked
Attorney T. Emmett Mckenzie to
represent him. although Mr.. Sit
nick went with him to see Mr..
Andretta.
Mr.. Sitnick said he accom-
panied MIR. Foster only because
he chanced to run into him in
Judiciary Square yesterday and
discussed Mr.. Fosters problems
with him as a friend. Mr.. Sit
nick said he and Mr.. Foster
agreed another attorney should
represent him, because it might
be embarrassing" for him to take
the case, in view Of his associa-
ton with Mr.. Ehrlich.
Ex-senator Kino Rites