Evening star., 1942-07-29
Eight Entered
u. 5. 10 Escape,
Defense Says
Enemy Aliens Have
No Right to Sue,
BiddIe Argues
Earlier Story on Page A-1.)
By JAMES F.. CHTNN.

By JAMES E. CHINN.
The eight Nazi saboteurs who
the Government charges came
to the United States in sub
marines to wreck the Nations
vital war industries, did not come
for that purpose at all, but mere
ly took the trip as means Of
escaping from Germany, the
Supreme Court was told today.
Col. Kenneth Royal. one OF the
Army officers appointed to defend
the eight Germans, told that story
to the court which met in extra
ordinary session to consider the
petitions of seven of them for a
writ of habeas corpus-a move de-
signed to take the case away from
the military commission which has
tried them for Is days, and place it
in a civil court.
Col. Royals disclosure was one OF
the sensational developments in the
unprecedented case, and indicated
for the first time the eight enemy
agents used that defense during
their trial to save their lives.
Eight Are Enemies, Biddle Stresses,
Col. Royal completed his argu-
ment shortly after 4 pm. and At
torney General Biddle Immediately
began presentation of the Govern
ment's opposition to abandoning
their military trial.
Mr.. Biddle opened his argument
with the statement that the petit
tioners were enemies of the Gov
ernment asking protection OF the
courts.
Enemy aliens have no right to
sue or enter courts of the United
States under these circumstances"
he declared emphatically.
He said that their citizenship was
not factor, and that "the essential
element is that all seven are
enemies of the United States"
Used Submarines to Escape.
Telling the Supreme Court he had
been Pledged to secrecy not to reveal
anything that took place in the bar
ricaded trialroom at the Justice
Department. Col Royal did say
the men took advantage OF the op-
portunity to escape Germany on
the, two submarines and had no in
tention of carrying out a plot"
after their arrival in this country.
Moreover, Col. Royal pointed out,
the men had not used the TINT and
other explosives they brought with
them and had done no damage and
no one was injured"
In the jammed courtroom Col
Royal, who made the arguments in
support of the petitions, was opposed
by Attorney General Biddle, one OF
the principal members of the prose-
cution staff during the military
commission trial.
Only seven of the nine members
of the court marched in when the
extraordinary session convened at
noon. The two missing were JUS
tices Murphy and Douglas.
Murphy Disqualifies Self.
Chief Justice Stone said Justice
Douglas was rushing back to WASH
ington from a vacation in Oregon
and had not yet arrived.
Justice Murphy, lieuteant colonel
in the Army, on maneuvers in North
Carolina. showed up in civilian
clothes after the court convened,
and posed for photographers in
front of the court building. He told
them he disqualified himself from
sitting in on the case because he is
in the Army now
To the surprise of everyone, At
torney General Biddle joined the
defense in urging the Supreme
Court to pass on the application
Of the Nazi agents for the writ of
habeas corpus. A packed and
breathless court room heard him
support the contention of the de-
fense that the Supreme Court had
(See SABOTEURS, Page 2-X.)