A habeas corpus secured by William D. Pelley to prevent his return to North Carolina, where the anti-Semitic Silver Shirt leader faces a hearing as to whether a previous jail sentence should be imposed, was discharged by Justice Jesse C. Adkins in Federal District Court today and Pelley was placed under the custody of a marshal.
Pelley’s attorney, T.E. O’Connell, immediately appealed the decision of Judge Adkins and Pelley was ordered placed under $5,000 bond pending hearing on the appeal. Thus the Silver Shirt leader need not return to North Carolina for at least several weeks.
Earlier in the day, Rep. Martin Dies, chairman of the House Committee Investigating un-American Activities, who had been subpoenaed by Pelley in an attempt to prove that a plot existed to return him to North Carolina, appeared at the court house. Justice Adkins ruled that Dies need not testify, however.
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