Evening star., 1953-05-23
Discharged Airman
Flown Back 10 Korea
For Murder Trial
BY the Associated Pres.

SEOUL. May 23.-The Air
Force said today additional
charges may be filed "in two or
three days" against a young
steelworker arrested on murder
charges and flown to Korea for
trial almost six months after
he was honorably discharged.
An Air Force official said the
judge advocate section is study
ing additional evidence against
Robert w. 10th, 81, of Pitts
burgh, and new charges are
pending. No details were re-
vealed.
Young 10th is accused now of
"premeditated murder and con-
Spiracy to commit premeditated
murder" in connection with the
death Of Xii Bong Soon last fall.
Arrested at His Job.
He was arrested at work at
a Pittsburgh steel plant May 13
and arrived in Korea last Mon
day. 10th is held under maxi
mum guard" at an air base
near Taegu, about midway be-
tween Seoul and Pusan.
The Air Force said that before
leaving the United States 10th
refused "the opportunity to de-
mand a defense counsel of his
own desire"
A full set of charges will be,
given 10th in two or three days,
the Air Force said, and at that
time a defense counsel will be
named.
"It is likely the trial will be
held late in June unless 10th
and his defense counsel ask for
more time to prepare for trial."
said Col Jerome L. Lowenberg,
Sea Cliff. N. Y, 5th Air Force
judge advocate.
Witnesses Must Be Flown In.
Most witnesses must be flown
to Korea from the United States,
the Air Force said.
Toth is the first former men,
Der of the armed forces to be re-
turned to military custody for
court martial under the uniform
code of military justice in effect
since June l, 1851.
Under the code an ex-service-
man charged with committing an
oftense punishable by a prison
term of five or more years for
which he cannot be tried in civil
ian courts is subject to arrest for
trial by court-martial.
The official announcement in
Washington yesterday - first
word of Toth's arrest-Said:
THE alleged crime was COM
mitted last September when 10th
was on duty with his unit and
involved the shooting, without
apparent provocatlon, of a
South Korean citizen"
1t said he was discharged
"prior to discovery of evidence
relating to the alleged offenses."
Mother Is Frantic.
Mrs. Jacob Mertz, Toth's
mother, said in Pittsburgh that
her son was in Korea for 18
months prior to his discharge
last December and "got a Bronze
Star and an honorable dis
charge" ..a.-l ..a
She said 10th was arrested at
the plant where he worked and
did not get in touch with her for
several hours. One of his
friends telephoned to say Robert
had been arrested by military
police and taken back to Korea,
Mrs. Mertz said.
1--WE were frantic and called
all the military places we could
think of-even called the FBI-
puC nODody knew anything about
it." she said.
At 9 o'clock that night, she
added, her son called from
Pittsburgh airport to say he was
being taken to Korea by military
police. He asked her to pick up
his work clothes at the airport
because he was back in uniform.
Il said, What in God hap
pened?'
Robert said, You know as
much as I do"
Mrs. Mertz said her next word
from Robert was postcard from
Hawaii saying he had been ION
some beautiful planes and that
they were treating him fine"