Show lricla Morning OIlic Silver Shirts Accused Officer Revered Testify in Witnesses Say Navy Pelley Trial mander Lieutenant July 30 (P)— SAN FRANCISCO Maurice N Aroff was pictured Thursday by two witnesses at his court martial as a man who revered the navy and who “has never been unfaithful” to its code The testimony in defense of the plump dark-haire- d officer accused of “scandalous conduct” wan given at the fifth day of 'his trial by Ensigns Irving Cummings Jr and Michael Levee Jr whom the navy charges Aroff solicited for gifts for helping them get their commissions “Commander Aroff” said Levee “looked upon the navy as an officer as I looked upon my mother as a civilian” Cummings a former screen story writer in a voluntary statement to the six officers who compose the court said he wanted to give something to Aroff because he was “impressive to me” and because he had said: “ ‘This navy is the greatest thing in the world’” Cummings did not hesitate to admit that he gave Aroff a set of gold cufflinks but he denied the presentation was made on April 4 the day he went on active duty Instead he said it was the previous day Navy regulations prohibit An officer from making a gift to another officer of higher Com- Judge Approves Calling of Eccles to Stand ’NDIANAPOLIS July 30 UD— The government called a procession of former members of the PJver Shirt of America to the chair Thursday and offered voluminous documentary evidence in building its case against William Dudley Pelley founder of the organization who Is on trial on sedition charges The Pelley defense meanwhile obtained Judge Robert C Balt-rell- 's approval for calling Marri-ne- r S Eccles chairman of the federal reserve board to testify about the “gross worth' of the I’rited States A subpena for was issued Previously subpe-ra- s were issued for Charles A Lindbergh and other nationally known figures as defense witnesses Idahoan Questioned The day'a witnesses all of whom were questioned about the purposes of the Silver Shirts included Martin Gall 36 Cleveland meat salesman his brother Michael 4 2 Cleveland meat cutter Lowery Don T rumble Lansing Mich school custodian: George 36 chmanski Priest River Idaho sawmill worker and former ministerial student and Frank Columbo Chicago All described themselves under government questioning as members of the Silver Shirts in the active days of the Pelley-heade- d organization and testified they had helped circulate their leader'a Ec-cl- ea writings Queried on Program Their testimony apparently was designed to show’ the circulation d of The GaLlean a magazine by Pelley at Noblesville Ird- - until it was barred from the mails and a Pelley pamphlet called ‘We Fight for This Republic Only ” The government charges that the publications contained seditious material which interfered with the war effort pub-lshe- shop ZCMI's outstanding sale! a Hebrew term for Spanish or Portuguese Jews or their descendants) Documentary evidence read to the Jury included President Roosevelt's message to congress calling for declaration of war against Italy and Japan Germany and the declarations of war themselves Another witness was Corporal Lester K Santa of Johnstown Pa w'ho told of being handed a copy of the Pelley pamphlet in a Spokane Wash bus depot Would Accept Substitute After the subpena had been Issued for Eccles Floyd Christian one of the Pelley attorneys said the defense would be willing to accept a substitute witness Iffrom the federal reserve system were too busy Oscar R Ewing special prosecutor said the government might conclude its case Friday much earlier than he had expected On trial with Pelley are Miss Agnes Marian Henderson his secretary and Lawrence A Brown both associated with him in his Nobles-vill- e publishing firm Ec-cl- U S Wants Action ea The witnesses were questioned also about the Pelley program which the prosecution outlined Wednesday as calling for segregaCAMBRIDGE England July 30 tion of Jews adoption of southern — Archibald MacLeish librarian CP) negroes as "wards of the Republic" and “ejection" of the “sephar-t- c of congress and assistant director Jew Franklin D Roosevelt” U S office of war informafrom the presidency (“Sephardim” of the tion declared Thursday that the American people “are still unaniCfeMTcar To L r i' i mous in their demand for an offormula KAY s d’rr-e- l fensive at ftrt a ism war” of tDl'dfl itrftr CTSI In a lecture at Cambridge uniFEVER N© bow runairif r u q b tr you f anoa Sttlran versity MacLeish said Americans 0 On t0 tor lour- r “are no longer willing merely to builtri 99 r bwa toll Tuteiaw rap hsIrf4 u 0 WKWMf uJ It U Mid h fight the fascists’ war — to accept At vrw r rwiM ©'A raarnt a war forced upon them by their for a NH toda P R S X r krowf enemies and to fight back in that war and eventually win it” Says MacLeisli 1 X © 4 l a I First whether constitutionally they have jurisdiction over the president’s wartime actions and the activities of a military court Second if they have jurisdiction are they justified in issuing the writ of habeas corpus re quested by the prisoners? Should the answer to the first question be in the negative the case would end there and there would be rto necessity for considthe second point ering Some thought Colonel Royall might ask the court for a writ of certiorari the customary procedure for bringing the case tech mcally and officially from the court of appeals to the supreme court The refusal to such a writ would terminategrant the case and be the equivalent of deciding that the high court lacked juris- self-contain- ed statute he said 79c Star Valley Swiss Cheese lb Even the question of whether or not established military law has been followed is no concern of the court he added The attorney general spent more than two hours Thursday buttressing by oral argument his con- 39c BOSTON FRUIT COOKIES You hi code1 t maaa ruTi and re sirs cious1 Vita-Whe- It tantalizing drop lott nd loti of with mince-meat- Really ! Cn se ecJe3 pactea Yoj 2 ‘n “Bumble Bee” Salmon No FRESH pe-fe- '9 erfSl C I3c f me-- f ia vored white turve it lAa ?! Cot in and try a tam-p- e !! No oaay v doz MONICA WHITE TUNA DEL Se-- deli- - Bread rich in vitamin bl at tention that the court has no jurisdiction over the case that the alleged saboteurs are enemies and as such have no rights in the civil courts and because of the nature of their action the law of war must supersede the civil statutes When he finished Colonel Royall began a rebuttal argument in which he said the contention of the prisoners that they were refugees and not saboteurs was supported by evidence He said they came ashore without personal arms that they abandoned the explosives they brought with them and made no effort to use them fish SALMON at least once a week flat tins 41c 3 for 99 C OR HALIBUT to keep in health! 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ZCMI Sportswear — Sernd Floor diction Biddle’s challenge of the court’s authority to review the case came in response to a question put by Associate Justice Jackson “Suppose” Jackson asked “that law purely as a military matter can we interfere or pass upon his broken sizes C O DS Mo Slack Suits reg 898 to 1698 sale Tailored linen Suits reg 1298 to 1698 Nation Awaits Saboteur Plea Decision Today (Continued from Page One) commission had been placed be fore the court Actually he said the evidence tended to substantiate the conten tion of the men that they were not saboteurs but agreed to come to this country in that role purely as a method of escaping from nazl oppression One of them he added had received “terrible” mistreatment in Germany During the day as a means of perfecting the legal procedure necessary to place the case before the supreme court the petitioners entered an appeal in the District of Columbia court of appeals Previously the case had been car ried directly from the district court to the supreme court Members of the latter had objected that it was unusual to ignore the court of appeals After adjourning Thursday until noon Friday the members of the high bench went immediately into conference and the presumption about the court building was that they entered at once into the process of reaching thetr decisions Two Points to Settle They had two questions to decide: account! sportswear Colorful Cotton Blouses Group rayon reductions ok regular stocks of quality storowidcs use your ZCMI charge o July 31 1912 - 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