Evening star., 1954-05-15
O. Stair RlE]
Fulton Lewis
Case Studied
Civil Liberties
Union Goes to Aid
Of Commentator
By the Assoeiated Prsss

ELLICOTT CITY. Md, May
15.-Defense motions to quash
perjury and criminal libel in
dictments against Fulton Lewis,
jr.. radio commentator, were be-
ing considered today by Circuit
Judge James Clark along with
a brief filed by the American
Civil Liberties Union as a friend
of the court.
Judge Clark heard defense
arguments to throw out the
charges yesterday but made no
immediate ruling June IA was
set for the commentators trial
in event there still are any
charges outstanding against Mr..
Lewis after the judge rules on
the motion.
The charges resulted from
broadcasts Mr. Lewis made sew
eral months ago criticizing
liquor law enforcement in st.
Marys County.
The Civil Liberties Union, in
it's brief filed with Judge Clark
late yesterday, held that Mr..
Lewis indictment was a "viola-
ton of personal guarantees un-
der the first amendment" and
urged the court to dismiss the
case.
Accused Of Lying.
Mr.. Lewis is charged with
lying to a st. Marys County
grand jury when he told it he
had never served alcoholic
drinks to any minors in his
home.
He is charged with criminal
libel of the county's State Sena-
tor, Paul j. Bailey, two magis-'
trates, and two Leonardtown,
Md, lawyers in letter he wrote
to Gov. McKeldin and by hav-
ing an excerpt from the Con-
gressional Record printed in the
weekly St. Marys Enterprise.
Defense Attorney Charles E.
Hogg argued that all the
criminal libel counts should be
dismissed because the indict-
ments did not show the alleged
libel had melted or tended to
incite a breach of the peace.
Mr.. Hogg contended a criminal
libel charge cannot be sustained
unless it is shown a breach OF
the peace is involved.
The excerpt from the Con-
gressional Record quoted Repre-
sentative John Dempsey, Demo-
crat, of New Mexico as criticiz-
ing the political situation in st.
Marys County and the grand
jury charged it libeled Senator
Bailey, Philip H. Dorsey, jr.,
now a candidate for Attorney
General of Maryland. and
Joseph D. Weiner, another
lawyer.
Privileged Communication.
Mr.. Hogg argued the Con-
gressional Record is a privileged
communication and quoting from
it or reproducing it is not libel
Gus. If Mr.. Lewis could be in
dicted for quoting the Congress
sional Record, Mr.. Hogg said, so
could the Enterprise, workers in
the Government Printing once.
typists and any one else who
worked on the material.
Mr.. Lewis is accused of libel
ing Magistrates j. Donelan
Hurry, sr., and Wilson Knight
in his letter to the Governor. y
Mr.. Hogg contended Mr.. Lewis
merely was exercising his legal
right of fair comment" on the
competence Of the two magis-
trates and his right to petition
the Governor for redress OF
grievance"
The letter to the Governor.
MT. Hogg said. could not con-
ceivably breach the peace. or
tend to-"
The defense contended the
grand jury had no jurisdiction
over the matter involved in the
perjury charge because it in
volved minors.
Mr.. Hogg argued that "by its
wording" this indictment was
defective.
Seven tavern operators named
by Mr.. Lewis were indicted by
the grand jury for liquor law
violations. Four of them since
have been convicted.
The charges against Mr.. Lewis
were brought to Howard County
Circuit Court here on change Of
venue.