will have any. The effect of such published articles or the Executive Order referred to in the motion upon anyone called to serve as a juror in this case is only speculative and cannot be dealt with until an examination of those called for service as jurors reveals whether or not a jury can be secured, no member of which is or is likely to be influenced thereby. For these reasons, the motion for transfer upon the first ground is denied without prejudice to a renewal of the motion on this ground at the trial, if and when it appears that a fair and impartial jury cannot be secured.
As to the second ground, it is stated that the transactions and evidence which will be testified to at the trial occurred in large measure in the City of New York, and it is stated that the greater number of witnesses who will testify for the Government reside in or around the City of New York, and that substantially all the witnesses who will be called by the defendant reside in or around the City of New York, and that none of them reside in or around the District of Columbia. It is further stated that two of defendant's three counsel reside in New York City; that, in view of all of these facts, it will be burdensome upon the defendant and cause him an undue expense for the trial to be had in the District of Columbia. From the numerous discussions with counsel for both parties had in connection with the bill of particulars and several supplements thereto, it appears that there will be a substantial number of witnesses other than from and around the City of New York, and the burden upon the defendant and such additional expense to him as would result from the trial of the case in the District of Columbia do not seem to be such as to justify the Court in transferring the cause upon this ground to the Southern District of New York. The motion to transfer the proceedings upon this ground is also denied.
Motion for bill of particulars. Pursuant to an indication by the Court at the hearing of this motion on June 19, 1947, particulars were furnished on June 23rd respecting the matters referred to in the motion. Following a conference of counsel for both parties with the Court in chambers, held June 24th, further particulars were furnished by the Government on June 26th with respect to certain of the matters referred to in the motion, and a supplemental bill of particulars was filed. A further conference was had on June 27th, following which, on June 28th, still further particulars were furnished respecting said matters, and the same stated in a second supplemental bill of particulars filed July 1st. On the evening of July 1st, following a further conference had that day, further particulars principally respecting the use of three of the alleged aliases, Gerhart, Edwards and Brown, were furnished orally, which have been incorporated in a third supplemental bill of particulars, filed July 2nd. The motion for bill of particulars is, therefore, granted in so far as such particulars are set forth in the original and supplemental bills of particulars, and otherwise denied.
Supplemental motion for bill of particulars. This motion seeks a bill of particulars respecting the execution by the defendant of the application for the alien departure permit, the making of the oath to the same, and the filing thereof. At the hearing of this motion, the Government agreed to furnish to the defendant a copy of the application for the alien departure permit upon which the indictment is based, and the defendant by counsel stated that such copy would afford him the particulars desired. There is, therefore, no occasion to take further action on this motion.
Motion for leave to take depositions and for issuance of commissions. This motion showed the necessity of taking the depositions of Ferruccio Marini, Florence, Italy, Adolf Deter, Berlin-Pankow, Germany, and Ernst Kruger, Berlin, Germany. To avoid delay incident to the taking of such depositions, the Government and the defendant have entered into stipulations as to what such witnesses would testify to if present at the trial. There is, therefore no occasion to take further action on this motion.
Motion for continuance. At the hearing of this motion, and upon the showing made, the Court granted a continuance from the 25th day of June, the date which had been set for trial, to the 7th day of July. At the conference held July 1st, counsel for defendant stated that a further continuance was needed, and that a formal motion would be filed, which has been done. The principal ground for the last motion is that final particulars have not been furnished the defendant within time to enable him to properly prepare for trial. While it is true that certain of the particulars, principally further identifying the time, place or occasion of the use of the three aliases, Gerhart, Edwards and Brown, were not stated until the conference last referred to, much of the information respecting all of the matters as to which particulars were originally sought were furnished prior thereto. In view, however, of the fact that certain of the particulars last referred to were not furnished until July 1st, the trial date is continued from July 7th to July 9th. If, upon the conclusion of the Government's evidence, a recess of a few days is then necessary to enable the defendant to secure material witnesses, an asking with appropriate showing can then be made. The motions for continuance are granted to the extent stated, and otherwise denied.