UNITED STATES COURT                                                                  Filed U.S. District Court,
SOUTHERN DISTRICT OF NEW YORK                                                    S. D. of N. Y.
                                                                                                                          May 27, 1954.
 

UNITED STATES OF AMERICA

                    - v -

CARLOS PRIO SOCARRAS,
SEGUNDO CURTI MESSINA,
DIEGO VICENTE TEJERA,
CARLOS HEVIA,
MANUEL GARCIA,
JOSE ANTONIO DUARTE,
CANDIDO DE LA TORRE,
MANUEL FERNANDEZ MADARIAGA,
RAFAEL IZQUIERDO,
RICARDO MADAM,
FRANCIS XAVIER CONNELL,
WILLIAM JOSEPH WOOD,
MARCOS DIAZ Y LANZ,
JESSE A.VICKERS,
EFREN RUDOLFO PICHARDO,
JUAN FERNANDEZ CASTRO Y RODRIGUEZ,
and FORREST C. STOWERS,

                                 Defendants.
 

    The Grand Jury  charges:
    1. From on or about March 10, 1952, and continuously thereafter, up to and including the date of the filing of this indictment, at the Southern District of New York, and elsewhere, CARLOS PRIO SOCARRAS, SEGUNDO CURTI MESSINA, DIEGO VICENTE TEJERA, CARLOS HEVIA, MANUEL GARCIA, JOSE ANTONIO DUARTE, CANDIDO DE LA TORRE, MANUEL FERNANDEZ MADARIAGA, RAFAEL IZQUIERDO, RICARDO MADAM, FRANCIS XAVIER CONNELL, WILLIAM JOSEPH WOOD, MARCOS DIAZ Y LANZ, JESSE A. VICKERS, EFREN RUDOLFO PICHARDO, JUAN FERNANDEZ CASTRO Y RODRIGUEZ and FORREST C. STOWERS, the defendants, did unlawfully, wilfully and knowingly, combine, conspire, cofederate and agree, together and with each other, and with divers other persons to the Grand Jurors unknown, to commit an offense against the United States, to wit, to violate Title 22, United States Code, Sections 452 (d), 452 (i) and Proclamations No. 2776, March 26, 1948, and No. 3038, November 18, 1953, duly proclaimed under said statutes, in the manner hereafter set forth:
    2. It was a part of said conspiracy that the above named defendants would purchase and cause to be purchased rifles carbines, shells, vesels of war and, other arms, ammunition and implements of war listed in aforesaid Proclamaton No. 2776, March 26, 1948, 13 F.R. 1623, 62 Stat. 1495 and aforesaid Proclamation No. 3038, November 18, 1953, 18 F.R. 7505.
    3. It was further a part of said conspiracy that the above-named defendants would export and attempt to export from the United States of America to another state, to wit, the Republic of Cuba, said arms, ammunition and implements of war without first having submitted to the Secretary of State
of the United States the name of the purchaser and terms of the sale and without having obtained a license therefor.

OVERT ACTS

    1. In pursuance of said conspiracy and to effect the objects thereof, at the Southern District of New York, on or about September 23, 1952, MANUEL GARCIA, WILLIAM JOSEPH WOOD and JOSE ANTONIO DUARTE had a conversation.
    2. Further in pursuance of said conspiracy and to effect the objects thereof, at the Southern District of New York, on or about October 1, 1952, CARLOS PRIO SOCARRAS gave CANDIDO DE LA TORRE and RAPHAEL IZQUIERDO $240,000 in cash.
    3. Further in pursuance of said conspiracy and to effect the objects thereof, in the Northern District of Texas, on or about October 2, 1952, MANUEL FERNANDEZ MADARIAGA and CANDIDO DE LA TORRE had a conversation.
    4. Further in pursuance of said conspiracy and to effect the objects thereof, at the Southern Disctrict of New York, on or about October 30, 1952, JOSE ANTONIO DUARTE, SEGUNDO CURTI MESSINA, FRACIS XAVIER CONNELL and WILLIAM JOSEPH WOOD inspected rifle grenades, napalm, bazooka shells and other arms, ammunition and implements of war at 4004 Third Avenue, Bronx, New York.
    5. Further in pursuance of said conspiracy and to effect the objects thereof, at the Southern District of New York, on or about November 18, 1952, WILLIAM JOSEPH WOOD and
FRANCIS XAVIER CONNELL caused a Garage located at Mamaroneck, New York, to be rented.
    6. Further in pursuance of said conspiracy and to effect the objects thereof, at the Southern District of New York, on or about November 26, 1952, DIEGO VICENTE TEJERA and JOSE ANTONIO DUARTE had a conversation.
    7. Further in pursuance of said conspiracy and to effect the objects thereof, at the Southern District of New York, on or about August 1, 1953, CARLOS HEVIA had a conversation with S. J. Fassoulis.
    8. Further in pursuance of said conspiracy and to effect the objects thereof at the Southern District of New York, on or about August 20, 1953, JESSE A. VICKERS and EFREN RUDOLFO PICHARDO had a conversation.
    9. Further in pursuance of said conspiracy and to effect the objects thereof, at the Southern District of New York, on or about August 20, 1953, FORREST C. STOWERS received gun parts.
    10. Further in pursuance of said conspiracy and to effect the objects thereof, at the Southern District of Florida, on or about September 25, 1953, MARCOS DIAZ Y LANZ, JUAN FERNANDEZ CASTRO Y RODRIGUEZ and EFREN RUDOLFO PICHARDO received a quantity of rifles.
    (Title 18, Section 371, United States Code.)
 

____________________________                        _______________________________
FOREMAN                                                                       J. EDWARD LUMBARD,
                                                                                             United States Attorney.