Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-04-27
Doubt Voiced
AnyCourtCan
Try Wheeler

Fla, April 70 R.-An attorney
for an airman charged with
numbering q German house,
maid at Wiesbaden. Germany,
said today there Is q legal
question whether any court can
try him.
F. b. Estergren contended
the Air Force has no authority
10 try Wallace M. Wheeler, Jr,.
Of Washington. d. c.. by mill
tary court-martial because
Wheeler previously had been
given an honorable release
from active duty.
The Fort Walton Beach at
torney said In an interview.
There is a question whether
any civilian court In the United
States has authority TO try him
for this crime.
"And there Is also a question
whether he can legally be ex-
tradited to Germany for trial
by the German courts"
Release Is Sought
Attorney Estergren and his
law partner. Charles d. Stew
art. filed on April IA In the
United States District Court at
Pensacola, Fla, a petition for
habeas corpus seeking Wheel
er's release.
The 22-year-old Wheeler Is
being held in the stockade at
nearby Eglin Air Force Base.
The former Pensacola man Is
charged by the Air Force with
premeditated murder in the
stabbing of Feliciteas Georg.
20, in her Wiesbaden apart
ment early on the morning Of
October 20. 1857.
United States District Judge
Dozier Devane has given the
Air Force until Monday TO file
an answer to the habeas corpus
petition. He will hear oral ar
guments on the petition the
afternoon Of May 5 at Pen
sacola.
Guilt Not Involved
The Judge directed that the
Air Force not move Wheeler
from the jurisdiction Of the
court until he rules on the
petition.
Wheeler's guilt or innocence
is not involved in the habeas
corpus proceedings. The only
point at issue is whether the
military has the right to try
him by court-martial.
Here is the sequence Of
events in the Wheeler case:
The airman was in WieSba-
den when the girl was killed.
He was in the process Of be-
ing released from active duty
at the time, and was in fact
released at the Manhattan
Beach Air Force station in
Brooklyn. N. Y, October 26,
1857. This was six days after
her death.
He continued In the Air
Force inactive reserve.
Arrested In Pensacola
Wheeler later went to work
as a business machine operator
on Connecticut avenue in
Washington. He lived in the
TOO block of Kilbourne place
NV. In March. he went to
Pensacola to visit his parents.
Mr.. and Mrs. w. M. Wheeler,
ST.
Pensacola police picked him
up March 20 at the request Of
military authorities. He denied
any knowledge Of the girls
Staying.
Air Force investigators said
he was traced through a draw
ing Of a man seen leaving the
girls home. They said the pic
ture was made from descrip-
tons by witnesses who saw the
man.
Wheeler was asked to take
a lie detector test. He agreed.
Signed Statement Quoted
During the test, Pensacola
Police Chief Crosby Hall said,
Wheeler broke down and ad-
mitted the Staying.
Chief Hall quoted the signed
statement as saying Wheeler,
picked up the girl in a Wies-
baden nightclub the night Of
October 10 and went home with
her.
The statement further quoted
as saying he had a sudden
desire early the next morning
to kill the girl. He obtained
a knife from his clothes, the
statement continued, and
stabbed her in the back Of the
neck as she lay in bed.
Technical Holding Charge
Pensacola police filed a tech
meal holding charge of vag-
rancy and lettering against him
after he signed the statement.
On March 20 Wheeler signed
an application for recall to
active duty. Defense attorneys
said the application included a
statement that he would be
faced with court-martial
charges.
The Air Force took over his
custody and he was moved to
the nearest air base. This was
Eglin, about so miles to the east
OF Pensacola.
Two days later. the Air Force
formally charged him with
premeditated murder. A legal
study was commenced to de-
termine where and how he
would be tried.
BernStone Named