◆ SpookStack

ar ®, ‘ee rn, ttre antiga! a i a =. 847 er a — > ey woetee Lore, RY rsa A mee ae, eet ae a in” at rae “ce ee ee had Pes Pursuant to Bureau instructions of October 9, 1947, Federal Judge VINCENT L. LEIBELL, of the Southern District of New York, wae interviewed by Assistant Special Agent in Charge Robert Je Lynch and the Reporting Agent. It will be recalled that Judge LEIBELL had pre- sided at the nolle prosse proceedings in connection with the mil fraud indictment which took place on May 6, 1947.6: - | Judge LETBELL stated that he recalled the motd.on to nolle prosse the mil fraud indictment in the case of the five subjects involved in early May, 1947. He declared that on May 6, 1%7 he was sitting for the criminal calendar and on motion and request of Assistant United States Attorney R. P, Whearty he had added to the printed calendar nolle prosequis in the cases of United States versus HARRY HOCKSTEIN; United States versus NITTO, ET AL, where instant subjects were involved; and had also added a motion to discharge the bail of RALPH CE and the Mett oun, we te = eer mn OGLE “of two mterial witnesses, PISCHETTI and McCULLOGH, At the tine, ‘Judge LEIBELL stated, these were just routine mtters. The “fact that they were not on the printed criminal calendar and in the New York Law Journal had at the time, Judge LEIBELL stated, and still has, no particular sig- nificance. He stated that such additions are mde to the calendar every daye Judge LEIBELL advised that the motions for the nolle prosse were made in open court without benefit of any conferemes at the bench, in the presence of all. He advised that he questioned Mr. Caro rer haw s. *% wets teh a . -WHEARTY as to the reasons for the nolle prosse and WHEARTY expladned them to the Judge. Judge LEIBELL stated he recalls asking WHEARTY if the nolle prosse had been decided upon with the assistance of Mr. BORIS KOSTELANETZ, for whom he has the greatest respect and who he knew had been a very efficient amd relentless prosecutor of the subjects in this miter, The Judge also asked Mr. WHEARTY if the Attorney General had agreed to the nolle prosse. To all these questions Mr. WHEARTY replied in the af firmative, the Judge went on, and so he granted the nolle prosequie The ct ee Ee en hh. + —. aa r—4 Judge declared that he has deep confidence in and high regard for Mr. WHEARTY, whom he knows to be a very high type of individual, and at the hearing no attempt was made to hide or conceal anything from him. The Judge declared that he was also advised at the time of the nolle prosse that the subjects were serving substantial sentences for arelated offense. Judge LETSELL declared that he heard no more -5-= Pt rere, [ae a, g on ws