Evening star., 1942-03-03
Viereck LAWYER
Barred From
1rialbyJudge
Morosini Had
Charged Let's
With Prejudice
Earlier Story on Page AID

Earlier Story on Page AID
BY CARTER BROOKE JONES.
Attorney Emil Morosini, de-
Tending George Sylvester Vier-
eek, registered German agent,
charged with concealing propa-
ganda activities. was excluded by
Justice F. Dickinson Let's in
District Court this afternoon
from taking further part in the
trial because the New York law
yer charged in open court that
the presiding jurist was biased
IN favor Of the Government and
prejudiced against this defend
ant"
Further defense of Viereck will be
conducted by Mr.. Morosini's law
partner, Daniel F. Cohalan, jr.. and
a Washington associate, Col o. r.
MCGUIRE.
Mr.. Morosini. making his accusa-
ton in the presence of the jury after
Justice Let's had excluded several
lines Of evidence which the defense
sought to present, had rested the
defense case Immediately afterward
The defense attorney halted testi-
mony without calling large num-
Der OF witnesses under subpoena
and without placing the accused
publicist on the stand. Mr.. Moro
SIM said the rulings OF the court
left no alternative.
Justice Delays Reply.
This sudden climax of the trial
occurred just before the noon recess,
and Justice Let's refrained in the
presence of the jury from replying
to Mr.. Morosini's charge.
But after the recess the court
summoned all the attorneys to the
bench. After a conference inaudi-
BILE to the rest of the courtroom,
Justice Let's order was made
known.
Later Justice Let's confirmed it in
his chambers. He told the attorneys,
he explained, that Mr.. Morosini's
presence at the local bar was a privi-
lege which he had abused.
Justice Let's also told the con-
fereeS at the bench, he disclosed,
that he thought Mr. Morosini had
made the charge in the jury's pres
ence for the purpose of prejudicing
the jurors and trying to make them
feel that Viereck was not getting
q fair trial.
Had Directed Defense.
Mr. Morosini had done the major
share of the trial work, examining
most of the witnesses.
With testimony in the case closed,
the jury was excused until To- am.
tomorrow when Mr.. Cohalan will
argue a motion for a directed ver-
dict. If the motion is denied, sum-
nations of counsel and the courts
charge to the jury will follow. The
case is expected to 60 to the jury
some time tomorrow.
Mr.. Morosini had no comment to
make after adjournment on his dis
missal from the case.
The record speaks for itself" he
said.
The incident that brought testi-
mony to a swift and unexpected
close followed fulings by Justice
Let's sustaining the objections of
William Power Maloney and Ed
ward j. Hickey, prosecutors from
the Justice Department, to docu-
mentary evidence along two lines.
First, the court excluded. as ir-
relevant charts compiled, at the re-
quest of the defense, by the Gov
ernment Printing Of1ice showing re-
prints of speeches in the Congress
sional Record over a period of time.
Question of Law.
Next Justice Let's ruled out testi-
mony from Leonard H. Price, for
merly of the State Department. The
defense wanted to prove by Mr.
Price, then assistant chief of the
division which administered the
Foreign Agents Registration Act,
that a registration form which he
had prepared was not taken en-
tirely from the statute. Viereck is
charged with failing in these regis
tration statements to disclose his
propaganda work.
The court held this was a matter
of law and not for the jury to de-
eide. Mr.. Morosini disagreed con-
tending it was a vital part of the
defense case. He then shot his ac-
cVsation Of prejudice at Justice
- Let's, rested his case angrily, and
set down.
The Government offered no re-
buttal testimony.