Evening star., 1942-07-28
4Justices Here,
Others on Way
For Appeal
Action Challenging
Military Board to Be
Heard Tomorrow

Four Supreme Court justices
were in Washington today and
the five others were converging
from all parts of the country for
the unprecedented session of the
court tomorrow to decide
whether seven of the eight ac-
cused Nazi saboteurs have any
legal escape from the verdict of
a military commission empow-
cred to decree their execution.
Justice Roberts has arrived from
his farm at Kimberton, Pa, and
Justice Jackson made a hurried trip
from his home in jamestown, N. Y.
Justices Byrnes and Black already
were in town.
Chief Justice Stone was expected
tonight or tomorrow from Franconia,
N. H., end Justice Douglas was
speeding eastward from LaGrande.
Greg. Justices Frankfurter, who has
been at Milford, Conn, and Reed,
who has been at Tuxedo Park, N. Y,
were expected shortly.
Justice Murphy, who was granted
a leave OF absence from the court
to enter the Army as a lieutenant
colonel, was on his way here from
maneuvers In North Carolina.
Habeas Corpus Writ Sought.
The case presents an unusual sit
uation for Justice Murphy because
Of his Army status and it was pos
sible that he may decide to disqual-
ify himself from sitting Court at
taches said, however, that the ques-
ton has not been settled and the
Justices decision probably will not
be known until the court convenes
at noon tomorrow.
The court is meeting to hear the
plea of defense counsel for seven of
the accused men that the military
commission by which they are being
tried is unconstitutional. The men
seek to file writ of habeas corpus
dislodging the commission.
The sensational development in
the case came late yesterday when
both the prosecution and defense
staf1s announced they had rested
and the trial commission ordered q
two-day recess until Thursday for
the presentation Of closing argu-
ments.
Ask Habeas Corpus Writ.
The appeal to the Supreme Court
"a move arranged by the Army Of
f1cers defending the prisoners-was
regarded as their final effort to
avoid the scaf1old or the firing
squad.
Technically, the petition of the
men on trial asked the Supreme
Court to consider writs of habeas
corpus, which, If granted, would
disqualify the military commission
from further consideration OF their
cases--a direct challenge to the
President in denying a civil trial to
any person not soldier, and even
an enemy invader who confessed.
Granting Of this petition by the Su-
preme Court would throw the trial
back to the civil courts, and 1t would
start de novo-from the beginning
procedure that would delay pos
sibly for many months the fate of
the eight prisoners.
The special court term was called
by Chief Justice Stone.
Charles Elmore Cropley, clerk of
the court, said the special court
term is for the purpose of consider
ing whether to receive the petition
of the seven saboteurs. He predicted
three or four hours Of argument on
the question, exclusive of the points
that may be raised by defense
counsel.
No Petition for Dasch.
OF the eight saboteurs, the only
one who failed to sign the petition.
it was said, Is George John Dasch,
leader of the quartet of enemies that
landed last month on the Long
| Island coast. He has a special
counsel and Is reported to be given
favorable consideration by the Gov
ernment because of valuable mil
itary evidence he Is said to have
revealed since his arrest. Justice De-
partment officials point out. however
the Supreme Court decision will
apply to Dasch as well as to the
other seven.
Preliminary arrangements for the
appeal to the Supreme Court were
made last week by the defense
counsel, it was said. On the day
the military commission took its
first recess during the trial-last
Thursday-Col. Cassius M. Dowell
head of the defense counsel. and
Attorney General Biddle, one of the
principal members Of the prosecu-
(See SABOTEIJRS page A-s)