Evening star., 1953-08-23
Toth Waits al BoIIinq
For Hearing on His
Arrest by Air Force

Former Sergt. Robert w. 10th
had the run of Boiling Air Force
Base last night while awaiting
a habeas corpus hearing to de-
termine if he will be returned to
Korea for court-martial trial on
a murder charge.
The curly-haired. 21-year-old
Pittsburgh steel mill worker ar
rived here by air yesterday from
Korea in custody Of the Air
Force, which is under orders to
produce him in the local Federal
court on September /.
10th talked to reporters briefly
at their request yesterday after
noon in a conference room at
Boiling.
His replies were limited on ad-
vice of Attorneys John j. Nc
Grath, James F. Smith. Peter F..
Flaherty and Joseph H. Ridge,
all of Pittsburgh.
Held in Killing.
10th and two other former
military policemen, 1t. George
Schrieber of Hollywood, Ill, and
Airman 1/c Thomas L. Kinder Of
Cleveland, Tenn, are accused OF
killing a Korean civilian on an
air base last September.
10th told reporters he was dis
charged December 8 after serv-
ing three years and eight
months. He was working as a
helper in a Pittsburgh steel pro-
cessing plant last May when four
MP's entered the plant and took
him away with them.
10th said he was given only
enough time to telephone his
mother, before being flown back
to Korea.
Toth's attorneys are challeng-
ing the constitutionality of the
section which says that military
authorities can take custody OF
former servicemen for court
martial trial if they are accused
of an offense punishable by five
years imprisonment or any more
severe penalty.
The attorneys said no time
limit is provided in the section.
Toth's return to this country was
ordered by Judge Alexander
Holtzof in q. S. District Court
for the District of Columbia. who
held that the prisoner should
have been arraigned before a
United States Commissioner
prior to his removal from the
United States.
10th said he was serving in a
combat zone at the time of the
alleged crime. Standard orders
for MP's and guards were to
challenge twice during the hours
of darkness. he said, and to fire
If the second order to halt was
disregarded.
His attorneys did not permit
him to elaborate on this state
ment. 10th was in Korea when
the other men were tried, but
not testify. Both were found
guilty and sentenced to life i'm
prisonment.
Kinder's sentence later was re-
duced to two years imprison-
ment. while Schreiber's appeal
is still pending.
Restricted to Post.
10th has been restricted to the
post at Boiling, pending the
hearing. He will live in the quar-
ters for transient airmen, and
have the privileges of servicemen
there. it was said.
The prisoners mother, Mrs.
Nettie Mertz, and sister, Audrey
10th, Is, both of Pittsburgh, met
him here and attended the press
interview.
10th was asked how he was
treated when returnedoto Korea.
He said the treatment was
pretty rough" at first. explain
ing that he was kept in a stock
ade for a week.
After the habeas corpus order
was issued, however, he was
granted the run of the base, he
said. =
Earlier, 10th was asked why
ne did not insist on consulting a
lawyer at the time of his arrest,
and why he was not given time
to go home and pack his clothes.
You don't argue with four
MP's," he replied.
After the hearing. the judge
can either free 10th. remained
him to the Air Force. or set bond
pending further proceedings.