The opinion of the court was delivered by: BYERS
The defendant Duquesne was convicted in this Court with others on or about December 12, 1941, of the conspiracy denounced by Title 50 U.S.C.A. § 34, having to do with disclosing information affecting the National defense, to a foreign government (Germany in this case).
The trial consumed nearly 13 weeks, and each defendant was represented by counsel throughout the proceedings, including the imposition of sentence.
No appeal was taken, by this defendant, who at once began serving an 18-year sentence.
Under date of August 22, 1947, he made a motion, copy of which was delivered to the United States Attorney for this District, which has been referred to the undersigned, who was the trial judge. For accuracy, the papers will be copies in all material respects:
'United States District Court
for the Eastern District of New York
'Motion in Forma Pauperis
'Comes now Frederick Joubert Duquesne, a prisoner in the U.S. Medical Center for Federal Prisoners, at Springfield, Missouri, and moves the Honorable Court to allow him to proceed in Forma Pauperis in the hereto attached petition for the good and sufficient reasons following, to wit:
'1. That your Petitioner has not the monies, property neither real nor personal to give as security for the cost incurred in the acquirement and production of the legal material named in the attached document.
'2. That your petitioner is a citizen of the United States, of sound mind and legal age and sincerely believes that he has a just cause which he intends to prosecute before the courts, and that the requested documents, names, records etc. are essential to his action.
'Wherefore, your petitioner having shown that he is entitled to receive the material requested in the attached motion, in Forma Pauperis, as provided by the law so that he may proceed with his legal action in the courts.
'Petitioner will every pray.
'(Signed) Frederick Joubert ...