Evening star., 1942-08-01
Verdict Is Due
Today in Trial
Of Saboteurs
Sealed Findings Will
Go to President
For Review
BY JAMES E. CHINN.

BY JAMES +. CHlNN.
Trial of the eight German
saboteurs may come to an
abrupt end early this afternoon.
it was indicated today by one OF
the principal Government of1i-
cials who has taken leading
part In prosecution Of the enemy
agents.
Leaving the improvised courtroom
in the Department of Justice Build
ing at 11:l5 am, the official said.
We'll, it ought to be over In an
hour"
Closing Arguments.
The trial commission of seven gem
erals reconvened at $50 a m. to hear
the closing argument of Govern
ment and defense counsel Even at
that time, there were strong indi-
cations that the protracted trial
which started July 8 would soon
come to a close.
Shortly after the commission went
into session, Army officers assigned
to the defense staff were observed
removing documents from the secret
trial chamber. One of them carried
out Of the building two large boxes
containing unused legal papers.
The verdict OF the commission, 1t
Is understood. will be sealed and
sent to the White House. President
Roosevelt will make public the de-
cision after he reviews the findings.
Presidents Orders Upheld.
The Supreme Court, in an extraor-
binary session, refused yesterday
to let the saboteurs escape military
Judgment by taking refuge in the
civil courts and In the civil liberties
established for the country's loyal
citizens.
In a swiftly moving. four minute
session, it upheld the legality of the
Presidents orders that the eight
prisoners be tried by military COM
mission. Asserting that their de-
tention by the Army was lawful, the
Court also refused to free them by
issuing writ of habeas corpus.
The court, however, did asserts its
authority to pass on this ALLEGATION
Of the Presidents wartime powers.
1t assumed Jurisdiction over the case,
an action which many interpreted
as the courts way of saying that,
war or no war, the protection OF the
courts is still open to all who right
fully claim haven in them.
The effect of the ruling was that
I the Military Commission Is free to
proceed with the trial and that the
commissions verdict will stand un-
less reversed by the President. The
prisoners are without further ave-
nue. Of appeal.
Special Term Ends.
With the announcement OF its de-
! cision the court ended a brief and
spectacular special term, called to
pass on the case OF the German
agents. The term brought members
hurrying to Washington from sey-
eral distant points. Two days were
spent in presenting arguments.
Stripped OF their legal points, they
are:
l. A contention by the defense
that the President acted Illegally
and unconstitutionally in establish
ing the Military Commission, and
that all citizens, including enemies
and aliens, are entitled to the pro-
lection of the courts.
2. An assertion by the Government
that the proceedings have been fully
justified by the Constitution and the
laws Of war, and that enemies have
no standing in the civil courts.
The court decision was read by
Chief Justice Stone. AS he swung
into the preamble reciting the names
Of the defendants, the Government
and Army officials involved, and the
prior history Of the case, his words
were obscured by the roar Of an air.
plane flying low above the court
building. He paused until the plane
had rroned away.
Writs Of Certiorari Granted.
Then he continued:
''They Counsel for the prisoners)
have presented to this court a peti-
ton for writs of certiorara before
judgment Of the United States Court
of Appeals for the District OF CO.
lumbia. The petitions are granted"
The Chief Justice paused again.
perhaps to emphasize the fact that.
in granting the writs of certiorara,
the court had assumed jurisdiction
over the case, settling a much-de-
bated point.
THE court has fully considered
the questions raised in these cases
and thoroughly argued at the bar,
and has reached its conclusion upon
them. 1t now announces its decision
and enters its Judgment In each
case, in advance of the preparation
of a full opinion which necessarily
will require a considerable period
of time for its preparation and
which. when prepared, will be tlled
with the clerk.
Findings Announced.
"The court holds:
81. That the charges preferred
by the petitions on which they are
being tried by military commission
appointed by the order OF the Presi-
dent of July 2. 1912. alleges an Of
fense which the President Is au-
thorized to order tried before .
military commission.
q. That the military commission
was lawfully constituted.
IS. That petitioners are held In
lawful custody, for trial before the
military commission. and have not
shown cause for being discharged
by writ Of habeas corpus.
THE motions for leave to file