Evening star., 1954-05-13
; 10 Face Trial
On Plot Charge
In Lewis Fight
Weiners Lose Move
To Quosh Indictment
In St. Morys
By J. [. Michoel
BY J. I. Mlch0eI
Stor S,cff correspondanf

LEONARDTOwN. Md. May
13.-Two prominent st. Marys
County Republicans and o
Washington real estate man In.
volved in a row with radio COM
mentator Fulton Lewis. jr.. must
stand trial here on conspiracy
charges growing out of q tape
recorded battle of wits.
Circuit Judges John B. Gray,
jr., and j. Dudley Digges yester-
day denied motions to quash in
dictments against Joseph D.
Weiner. member Of the State
Accident Commission, and his
cousin, Abe Weiner, who is on
the county school board.
No motions were filed for
John Orville Staples of WASH
ington. named with the Weiners
in four true bills alleging con-
spiracy to violate gaming and
bawdy statutes and to obstruct
justice.
Bowie Sees New Moves.
But A. Gwynn Bowie. former
Prince Georges County States
attorney representing Abe
Weiner, said the ruling auto
matically affects Staples, who
refused to come here voluntarily
and was extradited by District
authorities.
Trial dates have not been set
and no decision has been reached
as to whether the cases will be
heard separately or simultane-
ouSly.
Further preliminary legal skir.
miShing was limited when Mr..
Bowie said yesterday that other
pre-trial motions may be filed,
the nature of which I am not
prepared to disclose"
Mr.. Bowie, with State Senator
Paul j. Bailey, Republican, of st.
MaryS, and William o. E. Ster.
ling. counsel for Joseph D.
Weiner, asked the court to cam
eel the indictments on technical
grounds. chief of which was Mr..
Bowie's assertion that Maryland
law requires that true bills
charging conspiracy must iden-
tify co-conspirators or declare
that their identities are un-
known.
Court Ruled Otherwise.
On this point, the courts
lengthy written opinion did not
agree. It said:
1T is not constitutionally nec-
essary that the identities of all
co-conspirators be disclosed in
the indictment, nor is it neces-
sary that they be alleged to be
unknown"
Referring to another defense
claim that the true bills were
unlawfully influenced by special
prosecutor John H. T. Briscoe,
the court declared:
There is not the slightest
showing that Mr.. Briscoe did
anything that was unlawful,
improper. or in anywise prejudi-
cial to any of the rights of the
defendants"
Sets Stage for New Act.
. The courts decision set the
stage for another act III a drama
which has kept staid st. Marys
County holding on to its hat for
more than a year.
Mr. Lewis nationally broad
cast charges of widespread liquor
sales to minors and generally
inefficient government by in
cumbent Republican officials
brought a States attorney probe,
two grand jury Investigations. 81
indictments and four convictions
of tavern keepers.
Mr.. Lewis was himself named
in four true bills. one alleging
perjury and the others criminal
libel. His cases were shifted to
Howard County on his plea that
feeling in st. Marys was running
high against him. Motions to
quash his cases are scheduled
for hearing in Ellicott City to-
morrow.
Two Detectives Charged.
In another development OF
the bizarre fracas, two Wash
ington private detectives who
gathered evidence for Mr.. Lewis
in county hot-spots and spared
with the Weiners in wired Dis
trict hotel rooms. face jury trials
here on charges Of practicine
their profession without a Ii
cense.
The operators. Lloyd B. Furr
and Leonard Harrelson, were
nabbed in Laurel on st. Marys
County warrants. Harrelson
must answer an additional
charge of carrying a concealed
weapon in Prince Georges Coun-
ty.
Convicfs Believed Fleeing