Witt

Appellant, who had been in the employ of the government at the Pearl Harbor Navy Yard, was convicted of the felonious taking of property of the United States consisting of certain Diesel engine parts stored in a Yard shop.

He claims that error was committed in- several respects. His first complaint is that an agent of the Federal Bureau of Investigation was permitted -to remain in the courtroom and to sit at the table with government counsel, notwithstanding appellant had requested -the exclusion of witnesses. The exclusion of witnesses is concededly a matter addressed to the discretion of the trial court, and there was no-abuse of discretion in this instance. The prime purpose of the exclusionary rule is to prevent witnesses from matching narratives, Hood v. United States, 8 Cir., 23 F.2d 472, and it is clear that the agent’s testimony did not duplicate other testimony or deal with matters related by any other witness called for the prosecution. Aside from the fact that the presence of the agent in the courtroom in no way prejudiced appellant, it is plain from the nature of the matters to which he testified that his assistance was needed by counsel during the trial.

Another…