Daily News from New York, New York • 27

4c DAILY NEWS, TUESDAY, JULY 10, 1962 twict Free After PA mi layimig WiSne Br NEAL PATTERSON An ex-convict found guilty 23 years ago of second-decree murder because a still warm pistol, the murder weapon, was found on him, won a preliminary order of freedom vesterday. It was granted because the prosecution at his trial had suppressed testimony By TED LEWIS Washington, July 9. The coming Senate investigation of activities of lobbyists for foreign government? could perform a real public service if it called as its leadoff witnesses Thomas E. Dewey, Sen. Thomas J.

Dodd (D-Conn.) and Undersecretary of State Gorge W. Ball. Dewey's law firm until the Turkish revolution of 1960 got a retainer of around $150,000 a year for many years from the government of Turkey. Under the agreement the firm rendered "such legal and counseling services as required in connection with Turkey's "affairs in the United States." Dodd, in 1957 and 1958, before he was elected to the Senate, was a registered foreign agent for the government of Guatemala, his fees totaling $66,000. Undersecretary of State Ball's Washington law firm represented Cuban sugar interests from 1955 through 1958.

According to Chairman Harold D. Cooley of the House Agriculture Committee, in 1956 alone Ball's firm was paid $270,000 for lobbying in behalf of the Cuban sugar industry. If Dewey. Dodd and Ball were hailed before the Senate lobby investigators the proper questions would be: "Just what did you do to deserve those fat fees? "Did you try to influence legislation in behalf of your clients, or influence government policies?" "Did you spread part of the fee around in behalf of your client? If so, to whom? that might have aided him. Federal Judge Edmund L.

Pal- mieri issued a writ of habeas corpus on behalf of Thomas Kapatos. 47. who has served 22 years for the murder of Albert Dillulio in V. -iiith St. on the night of Oct.

6. 1937. Kapatos was paroled in 1954, but was picked up again as a parole violator. He is now in City Prison. Judge Palmieri ruled that the Manhattan district attorney's office had prejudiced the defense by concealing- an eyewitness story from both defense counsel and the trial court.

He ordered Kapatos discharged in days vnless the state appeals. Evidence at the trial was that an officer heard four shuts and saw Kapatos run into the street and hail a cab. which the policeman overtook after a chase. Kapatos had two revolvers on him. a .38 and a .32.

The .3, still warm, held four discharged cart ridges of a type also found in his home. Baiustics estabiisne i tri' the shots that killed Dill-i'i- r. i I been fired from the -3- i Saw 2 Men Fleeing Kapatos testimony was that he found the guns on a stoop. He then noticed a body and was afraid to ditch the weapons, he i -vi wfism Georg. W.

Ball Him firm lobbiaJ for Cuban sugar Judge Palmieri Rebuke district attorney 5aid. because he had a record and his finffrprjnts miirht founj 0n the puns. -udge IV.mieri conceded the "acts wre Vghlv incriminating, but stuck strongly at the state's "ai'ure to disctt.se tne story of i Stkkup Is a Masterful Foultip ISy HARRY SCHLEGEL From the minute their leader clumsily broke a light bulb, three armed, masked hoodlums did an outstanding job of bungling; the stickup of a Jersey City insurance office the uncalled witness. Michael who heard noises like auto backfires. had looked from his -Sth St- window in time to see a car without lights heading west in the eastbound street, with two men running after it.

One roan leaped into the car and the other was pulled in. Neither of he two was Kapatos, according Danise. Judge Palmieri held that the story of this "apparently disinterested witness" might well have raised a reasonable doubt in the jurors minds regarding Kapatos. Lectures the Prosecution "'The purpose of a trial is as much the acquittal of an innocent person as it is the conviction of a guilty one," said Palmieri. "The average accused usually does not have the manpower or resources that are available to the state in its investigation of the crime.

In view of that disparity, he declared, the state should have disclosed the existence of Danise as a witness or, at the least, have consulted the judge. Kapatos' plea was handled by 'oseph Aronstein, an attorney or-! iginally assigned to defend him at his 19.li trial. teriorated into a third-grade The tenants appeared before Magistrate Morris Weinfeld, who said he knew the building well. "I courted a girl there 40 years ago," he said, as he postponed the hearing until July 23. Warren in Israel Jerusalem, July 9 (AP).

Chief Justice Earl Warren of the U.S. was received today by Isr raeli President Itzhak Ben Zvi. There has always been something smelly about this foreigfl-agent busines. Not that there is anything seret about what firm and individuals represent foreign interests. They are required to register at the Justice Department, giving the amount received and (after a fashion I itemize expenditures.

The itemized expenditures too often have a fishy smell, such as a recent foreign agent's report which listed for "television, raiio and film work" no names given. Wfcen It Isn't Cricket to Name Names What sort of xinancial stuff would a Senate investigation dig up? There have been previous Congressional lobbying probes, but under the code fellow legislators are always protected. That is, unless their misdeeds were horrendous such as outright On the picky stuff like a free trip to a banana republic, or half a dozen free meals, it isn't considered fair to name names. The present decision to investigate stems from the brash way the horde of sugar lobbyists moved in during the Congressional fight over quotas for sugar producing countries. The prole, as now planned by the Senate Foreign Relations Committee however, not Merited to the sugar lobbyists.

The investigation resolution as adopted by the committee calls for a "full and complete study" of the "nondiplomatic activities of representatives of fort-iirn governments and the extent to which they attempt to influence United States policies." This is pretty sweeping as an aim. and yet, if carefully scanned, could well be interpreted as permitting Unfkrsecretary of State Ball's past activities in behalf of the Cuban sugar industry to be swept under the table. For Ball's firm did not represent the Cuban government, only the private aiciations of mill owners and cane growers. A Leak From Secret Files Congressman Cooley has charged, however, that Ball, from 1955 to 1958, when his law firm had the Cuban account, had always resisted his efforts to break up the Cuban sugar monopoly. 'They talk as if sugar lobbying is a new thing," said Cooley.

"This (meaning Ball's activities) shows that its been going on a long time." Cooley's comment was interesting, particularly as there bas leaked out of the secret files of the late Dominican Republic dictator Trujillo a batch of documents showing the Congressman had been tagged as a powerful supporter of a bigger sugar quota for Trujilloland. While Cooley denies he ever bad any snecial interest in the Dominican sugar' industry, ever since the mid-30s at least there have been rumors of how this Congressman or that was in Trujillo "pocket" on the sugar quota issue. And if the Trujillo era archives are carefully searched by the Senate investigators, as they should be. the chances are that "sugar payoffs' going back 30 years or more and involving 10 or 20 onetime members of Congress can be pinpointed. Ex-Cabinet Officer's Fat Sugar Fees The whole sugar lobbying mess is sickening, particularly the disclosure that those Americans willing to sell their "influence peddling" ability to foreign governments, more often than not had deals for a bonus arrangement if they made good.

Take the case of Oscar Chapman, who was Secretary of the Interior under Harry Truman. Chapman, as a sugar agent for the Mexican government, gets an annual $50,000 fee, and has an arrangement where he will be paid $18,000 or more in contingent fees based on the number of tons of increase in Mexico's sugar quota. This is an incentive proposition. If it means anything, it means that these lobbyists will put a little extra heat on Congress, perhaps on occasion raise the ante for a vote on the "right side." It is most conducive to shady deals and of course the foreign employers don't care about methods. All.

they want are rasults and pay extra for same. i r5-' "tv v(p i Wm fa 1 mmwr 4 Mtffflatir r1-r--rf-f -mm 1 yesterday. The ier shot himself in a with the office manager. wh was a.erted to tr-ur ie by thi pop of the bulb. Then the tri-) f.ed, aKirdor.ed their car a frw Hock- a-vay.

ar.ii were run do.vn on foot bv some 25 cons. It was 11 A.M. when the thre tro le into tre Naior.al Insurance office at 911 Berg Ave right off Journal S-iuare. All wore bandanas ever faces and carried gun. Cv Ru-hes In The heu i Stephen Meck-ert.

of Union City, tried to vault the counter but smashed the light in the process. That brought manager Ross Di Lorenzo. 34. of 747 Wyomire Maywood. running out of his rear office.

As they Meckert shot himself in the left hand. He also wounded Di Lorenzo in the cheek and neck with one slug. Ii Lorenzo was taken to Jersey City Medical Center, wns in fair condition. Short Trip Via Auto Meckert and his two pals Thomas of 125 Park Hoboken. and Joseph Scarborough, 25, of 93 Franklin Jersey City then took off in a hurry.

They used Meckert 's car to flee six blocks to Sip Ave. and Bryant where they scattered on foot. But Di Lorenzo and two girl clerks had supplied good descrip- tions. ihe three were pickel up 90 minutes later. Chibaro was nabbed on the street, Meckert in a backyard shed, and Scarborough in a gas station.

One gun, a -52, was recovered in the insurance office, and two others in a cellar near Meckert's hiding spot. Police said all three men had records and will be arraigned today in Jersey City Municipal Court. i I SKWS loto by Joe Petrflia Stephea Meckert. the head Mirkupman. after his capture.

Judge 24 Air Apt. Gripe Judicial knowledge was brought bear on a six-story apartment building at 131 W. 110th St. that found itself the center of a complaint in Manhattan Arrest Court yesterday. City Magistrate Kenneth M.

Phipps doffed his robes to appear with two dozen other tenants who complained that since a fire in the building, services have been lacking. One tenant said bitterly. "One of the first-class houses has de-.