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Swastika Smearers Appeal to U.S. Supreme Court on Prison Sentence

Attorneys for two men sentenced here to two months’ imprisonment each for painting a swastika on the wall of the Beth Israel Synagogue appealed their cases to the U.S. Supreme Court today. Associate State Supreme Court Justice James E. Murphy suspended the sentences, pending the U.S. Supreme Court’s determination of the case.

The appeal is based on the defense contention that some of the evidence introduced at their trial had been seized illegally. The swastika smearing occurred in February, 1960. They were sentenced in May of that year, but appealed to the State Supreme Court of Errors, which finally approved the lower court’s judgment and sentence. The men, Harold Fahy of this city and William Arnold, now of Milford, Pa., were ordered by the court to be freed on bail pending the High Tribunal’s decision.