Evening star., 1953-05-25
Second Man Flown
From u. :. 10 Korea
For Trial in Staying
BY the Asseeio&ed Press

SEOUL, May 25.-The Air
Force today few a second Amer
lean to Korea to face charges of
numbering a South Korean civil
ian in 1852, and indicated there
will be still another arrest in the
muShrooming case.
The second man was identi-
fed as Airman 1/c Thomas L.
Kinder, 81. Cleveland. Tenn.
He was arrested in the United
States and flown to Japan and
Korea.
Already in Jail in Southeast
Korea is former Air Force Sergt.
Robert w. 10th, 81. a Pittsburgh
steelworker who was picked up
by military police May 13 and
taken to Taegu, Korea.
Both are charged with Staying
Bang Soon XII on Sept. q, 1852,
an an air base in Korea.
Officer Faces Arrest.
The Air Force said a third
man, an Air Force officer still
serving in Korea, will also be ar
rested in the case.
Col. Jerome L. LoWenberg, 5th
Air Force judge advocate. said
Kinder had admitted shooting
the Korean after 10th had
pointed out a deserted spot on
the air base.
An Air Force spokesman in
Tokyo said Kinder was flown to
Korea today but would not say
where he was being held.
Neither man has been allowed
to see newSmen.
10th is charged with premed-
itated murder. conspiracy to
commit premeditated murder
and aggravated assault. He is
the first civilian to be returned
to military custody for trial
under the new uniform code of
military justice.
The code provides that an ex-
6erviceman can be arrested for
court martial if the offense is
punishable by five or more years
imprisonment and if the offender
is not subject to civilian court
action.
Court Order Sought.
(In Pittsburgh, Toth's at
torney. Anthony r. McGrath.
said he planned to ask the
United States Supreme Court
today for an order requiring
the Air Force to return 10th
to the United States.
("Even third class Com
munists would not be &C
corded the unheard-of treat
ment given this boy" he said.
charging that Toth'S constitu-
tional rights were violated.
(Toth's mother said he
phoned her after his arrest
and told her he didn't know
why he was arrested or why he
was being flown back to Korea.
(Another Pittsburgh at
torney, L. Pat McGrath, acting
independently. said he has
suggested to Senator James
H. Duff, Republican, of Penn
sylvania an immediate Senate
investigation)
Hasn't Seen Charges.
Col. Lowenberg said charges
against Kinder already had been
fled in the United States, but he
said he had not seen them.
He said he understood Kinder
had been arrested at an air base
at OSceola, Wis, while on duty
with an Air Force unit.
Col. Lowenberg said authori-
ties were investigating the Air
Force officer in connection with
the case but would not name
him.
The judge advocate said Kin
der would be brought to trial
first, some time next month, and
then 10th.
Story of Staying.
Col. Lowenberg said witnesses
and Kinder's written statement
gave this story Of the killing:
Kinder picked up the Korean
while serving on guard duty. The
Korean was in a restricted area
and appeared to be drunk. Kin
der said.
Kinder called 10th, who was
sergeant Of the guard, and 10th
put the Korean in a jeep with
two other men and started to
take him to headquarters. On
the way, 10th piStol-whipped the
Korean.
At headquarters, Kinder said,