Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-03-19
.Weiiners Seek
TO Quash
Indictments
St. Morys Prosecutor
Denies Charge Of
Influencing Jury

By J. 1. Michoel
Stor Stoff Correspondent

LEONARDTOWN, Md, Mar.
ia st. Marys County court
prosecutor today faces
accusations of illegally influence
ing indictments stemming from
a feud between radio comment
tator Fulton Lewis. jr.. and local
politicians.
Separate. identically-worded
motions filed yesterday ask cir
cult judges to quash true bills
charging conspiracy against Abe
and his cousin. Joseph
D. Weiner. Each motion alleges
that:
said indictment was found
and returned by a grand jury
under the unlawful, outside in
f1uence of a purported, but le-
gally authorized, assistant States
Attorney for st. MaryS County,
Md"
The motions did not identify
the person attacked but counsel
for the Weiners said they re-
ferred to special prosecutor John
H. T. Briscoe. Conceding that
the allegations are aimed at him.
Mr.. Briscoe Indignantly de-
clared:
Il was appointed last Deem
Der by Judge j. Dudley Digges
to help States Attorney Joseph
A. Mattingly probe Mr.. Lewis
nationally broadcast charges Of
widespread liquor sales to minors
by county tavern keepers. My
duties include prosecution Of
cases resulting from subsequent
grand jruy Investigations.
Appointed by Court.
1.-THE court considered the
matter sufficiently serious to
justify appointment of an assist
ant States attorney and he an
nounced my appointment in
open court"
Mr.. Briscoe added that he did
not enter the grand jury room
at any time during the Septem-
Der panels 7-day special session
in February or the March term
grand jury's 3-day meeting
which ended Wednesday.
Furthermore" said Mr.. Bris-
coe. II have never discussed any
case before either panel with any
juror"
A. Gwynn Bowie. former
States attorney for Prince
Georges County. filed the mo-
ton for Abe Weiner, a Lexington
Park businessman and mem
Der Of the county school board.
Mr.. Bowie declined to amplify
the accusation until the motion
is argued in court. No hearing
date has been set.
st. Marys County State Sen
ator Paul j. Bailey, Philip H.
Dorsey and William o. E. Sterl-
ing, counsel for Joseph D.
Weiner. also refused comment.
Their client is a member of the
State Accident Commission, sec
rotary and counsel to the local
liquor board and acting chair
man of the county Republican
Central Committee.
Allegedly in Room.
AS another reason for voidina
the indictments. the motions
claim that the States attorney
was in the grand jury room when
the veniremen deliberated and
voted on the true bills.
Maryland has no statute on
this point" Mr. Bowie said last
night. land no court rulings, but
in my opinion the States attor-
ney's presence in the jury room
at such times is illegal" The
motions also claim that the
indictments are not sufficiently
specific.
The motions are the latest
moves in legal battles over in
dlctmentS against Mr.. Lewis.
the Weiners. John Orville Sta
pies. a Washington real estate
man, and seven county tavern
keepers charged with selling
liquor to minors.
Mr.. Lewis faces one indict-
ment charging perjury and three
alleging criminal libel. His at
torneys have moved to cancel
two libel true bills handed in
February 26. The perjury in
dlctment and another alleging
libel were returned Wednesday.
The Weiners and Staples are
named in true bills charging
conspiracy to violate State laws
pertaining to gambling and
houses of i'll fame and orderly
processes of justice.
Refuses Extradition.
All of the defendants, except
Staples. have posted bond here
on the February indictments. A
bench warrant for Staples ar
rest was sent to Washington
and he surrendered yesterday to
Metropolitan police. Staples re-
fused to return to St. Marys
County to face the charges.
however, and a Municipal Court
extradition hearing was set for
April 20.
In a statement yesterday. Mr..
Lewis attacked the perjury in
dlctment as legally unjustitied.
He said the charge. based on in
formation that he had served
alcoholic beverages to minors.
would fail, even if some young
sters took beer out of his icebox
his knowledge.
Referring to Wednesdays libel
Mr.. Lewis declared
that allegedly defamatory mate
rial published last July 8 by the
Enterprise. a st. Marys county
weekly. was taken from the Con-
gressional Record and therefore
was privileged.
The radio newsman called the