Evening star., 1942-07-08

start OF the trlal-StOod guard out
side the improvised courtroom,
shielded from public view. News
papermen caught fleeting glimpses
of them from a corridor as a door
to the assembly room in which the
proceedings are being held was
opened from time to time to admit a
Justice Department official.
Newspapermen made frantic but
futile efforts to have arrangements
made to keep them informed on the
progress of the trial.
May Issue Statements.
Henry Paynoer, representing Ell
mer Davis, war information chief,
arrived at the Justice Department
shortly after the trial opened and
told the reporters Mr.. Davis was try
ing to make arrangements with the
military commission for issuance
from time to time of official state
ments on the progress OF the trial.
The trial, it was pointed out by
some observers. will provide the first
major test of Mr.. Davis authority
to obtain from the War Department
the release of information for the
press.
The commission conducting the
trial is composed Of seven generals.
Though members of the commits
sion met yesterday, presumably to
discuss. rules of procedure, they ad-
journed without making state
ment as to the time of the trial and
how it would be handled.
Expected to Ask Death.
The Government is believed ready
to ask the death penalty for the
prisoners, who have been under
military custody at the District Jail
since Saturday The defendants are
charged with violating the 81st and
82d Articles of War and the Law of
War. Specifications include espion-
age, sabotage and conspiracy.
Headed by Col Cassius M. Dowell
and Col. Kenneth Royal, defense
counsel yesterday made final prepa-
rations to assure the prisoners
fair trial.
Mr.. Biddle and Maj. Gen. Myron
c.. Cramer. Army judge advocate
general will head the prosecution.
Among the witnesses were expected
to be j. Edgar Hoover, FBI director.
and the agents who played part
in apprehending the Nazi con-
spirators.
Though Government officials had
no predictions to make, 1t was gen.
orally believed the trial would be
comparatively brief. with presenta-
ton of evidence by the prosecution
requiring not more than three days.
Members of the military commits
sion, in addition to Gen. Mccoy, are: :.
Maj: Gems. Blanton Winship, Walter
S. Grant and Lorenzo D. Gasser,
and Brig. Gems. Guy v. Henry, John
T. Lewis and John T. Kennedy.
President Roosevelt announced the
appointment OF the military COM
mission on Julye2.
Five Necessary to Convict.
In the order setting up the COM
mission, the President stipulated
that the concurrence of at least two
thirds of its members shall be neces-
sary for conviction or a sentence,
and that the record of the trial
shall be sent to him for review and
action.
The commission was empowered
to make such rules for the conduct
of the proceedings" under the Ar
ticles of War "as it shall deem
necessary for q full and fair trial
OF the matters before It,"
The eight prisoners to be tried
by the commission are Dasch, Ernest
Peter Burger, Herbert Haupt, Helm
rich. Harm Heinck, Edward John
Kerling. Hermann Naubauer, Rich
ard Quirin and Werner Thiel.
Under the Presidents order, the
commission was directed to start the
/ trial on July "or as soon there
after as practicable"
Brought Here Last Week.
Most Of the prisoners were ar
rested in the New York area. Two
had been held in Chicago, but were
taken to New York, and last week
all were brought to Washington.
Aside from the eight saboteurs
+ it was reliably reported q dozen
witnesses who will appear against
them are being quartered at the
Jail. They were questioned yester-
day by Col. Dowell and Col. Royal.
The saboteurs brought with them
aboard the U-boats a stable COL
lection of explosive and incendiary
equipment, along with what FBI