The Waterbury Democrat., 1942-07-29
Supreme Court Opens
 For Alleged Spies
Continued from Page D

 gone to U. s. District Judge James w. Morris yesterday, but their ap- plications were denied.
 Claims of Lawyers
 Tn their brief filed before the hastily assembled court the defense lawyers asserted that:
 l. The Nazis were entitled to invoke habeas corpus proceedings.
 2. President Roosevelt's procla- nation denying them access to civil courts was unconstitutional ana invalid.'
 3. The Presidents order creat- ing the alleged military commis- sion" was unconstitutional and 11- valid. 4. The petitioners are entitled to trial by civil courts. The prosecutions answer declared that "the great bulWarks of our civil liberties and the writ of habeas corpus is one of the most important - were never intended to apply in favor of armed 1n- vaders sent here by the enemy 1n time of war"
 The defense attorneys, coils. Cas- sium M. Doweu and Kenneth Royal, disclosed that the Nazis had denied the governments sabotage charges in their trial, now in recess after 16 court days.
 "The petitioners testified" the defense brief said, "that they did not intend to commit any acts of sabotage. In the case of two or more petitioners this testimony was definitely corroborated by other evidence produced by the prosecu- ton. All of the petitioners deny their guilt"
 The unprecedented hearing open ed in jammed and heavily guarded chamber of the marble su- preme court building.
 Two hours before the bronze doors opened, more than 100 persons were in line.
 Dowell and Royall stated in their briefs that from the time the mili- tary commission first met on July they had felt the commission was invalid.
 Civil courts were "open and func- tioning normally in the states of New York and Florida where the saboteurs landed, and, the defense suggested, should have had juris- diction.
 PeremptOry Challenge
 The brief also brought out that the defense had sought to exercise lone peremptory challenge" in con- nection with a certain member of the military commission but had been overruled.
 The identity of the member whose presence on the commission the de- fense objected to was not brought out.
 The defense also complained that the commission had admitted in- dividual "confessions" of the de- fendants over their objections.
 Prosecution attorneys - led by Attorney General Francis Riddle and Maj. Gen. Myron c. Cramer judge advocate general - said that all nations traditionally "in time oi war have denied belligerent enemies access to their courts"
 That is one of the earliest and most rudimentary forms of political and economic warfare" the prose- cution contended. Tt is an integral part of total warfare. And today the nation that will not wage total war usually meets total defeat"
 The court room was filled to over flowing before the justices entered More than half of the spectators were from the Department of Jus tice, including Director J. Edgar Hoover of the Federal Bureau o1 Investigation whose counter espionage agents captured the Nazis-and Assistant Attorney Gen. eral Wendell Berge.
 The military trial was in recess All evidence had been presented and, unless the supreme court de. cides to intervene, final argument. will be presented tomorrow.
 There was 8 possibility that two of the nine justices would disquali- fly themselves-Justice Frank Mur. phy because he Is a reserve army officer now on active duty; Chic. Justice Harlan Fiske Stone because his son, Major Lewson Stone, Is ont of the army officers assigned to thu saboteurs' defense.
 President Suspended Right
 President Roosevelt, acting undel his emergency war powers, had sus pended their right to civil trial. Th' saboteurs, in effect, are challengini his right to do that under a consti tuition that says "the privilege O the writ of habeas corpus shall no be suspended unless when in case of rebellion or invasion the publi safety may require it."
 The Presidents suspension of tn saboteurs' civil rights was based ol the premise that when they landet on the shores of New Yovk and Flor ida from submarines they were tr vada<s of the United States, ben op spfeading death and destruction { The initiators of the action befor