Evening star., 1942-07-29
j. ). Denies Trial
OF German Saboteurs
ImperiIsCivi| Liberty
kozis Already Given
Many Rights, High
Court Is Told
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to the alleged Military Commission
is contrary to statute and. therefore,
illegal and invalid
5. The petitioners are entitled to
be tried by the civil courts for any
offenses which they may have COM
mitted.
Admit Schooling. Deny Guilt.
The defense freely conceded that
all of the eight accused attended
q school near Berlin and received
instructions and directions for
sabotaging manufacturing an
transportation facilities but declared
that all the petitioners had testi-
fed that they did not intend to
commit sabotage.
In the case of two or more pc
titioners," the brief said. this tes-
timony was definitely corroborated
by other evidence produced by the
prosecution. All Of the petitioners
deny their guilt"
The brief made this summary of
certain salient facts relative to
their conduct prior to arrest:
The petitioners attended a school
near Berlin and received instructions
and directions as to industrial sabo-
tage and manufacturing and trans
portation facilities. They we're di-
rected to commit no sabotage within
30 days after their arrival in
America. They received no instruc-
tions or directions relative to obtain
ing information of a military nature
of communicating the same to Ger
many. They were expressly directed
, to 60 unarmed and not to kill or
injure any individual.
Committed No Acts.
They came to America on sub
marines and landed in two groups
on the Long Island and the Florida
coasts. They brought certain ex-
plosives which they buried on the
sea shore. At the time of their
arrest. they had committed no acts
If sabotage, had taken no steps to-
ward sabotage and had made no
definite plans as to time and place
of committing any sabotage"
The defense acknowledged that all
of the petitioners were citizens of
the German Reich except Herbert
Hans Haupt, %, youngest of the
defendants. who was brought to this
country when years old and
acquired United States citizenship
through his parents naturalization
Haupt contends, the defnse said,
that his citizenship, thus acquired,
has not been lost in any manner.
On the contrary, respondent (the
prosecution contends that Haupt
has lost his citizenship"
The brief noted that practically
the sole evidence is Haupt's own
statement on the sand or in his
confession"
Although the eight Nazis were
not to make an appearance before
the court, the FBI took special pre-
cautions to guard the courtroom.
Two hours before the court met, a
dozen FBI agents marched like a
military detail into the courtroom
and received instructions from court
attaches on whom and what to
watch.
Developments Foreseen.
Some legal experts who declined
to be quoted by name expressed the
opinion informally that the mere
fact that Justice Stone summoned
his eight associates from scattered
vacation points indicated a strong
likelihood that the motion would be
granted and the court would pro-
ceed to rule on a habeas corpus
petition.
The central issue Is the legality
of presidential proclamation Of
July denying to certain persons
the right to seek any remedy or
maintain any proceeding, directly
or indirectly, or to have any such
remedy or proceeding brought in
their behalf, in the courts of the
United States, or of its States, ter
:itories and possessions, except
under such regulations as the At
torney General, with the approval
Of the Secretary of War, may from
time to time prescribe"
Affected were those who are sub
iects, citizens or residents of any
nation at war with the United
States or who give obedience to or
act under the direction of any such
nation, and who during time of war
enter or attempt to enter the United
States or any territory or possess
sion hereof, through coastal or
boundary defenses, and are charged
With committing or attempting or
preparing to commit sabotage, es-
pionage, hostile or warlike acts or
violations Of the law of war"
Consent to Motion Seen.
In view of the wording of the
prohibition, there was little doubt
that Mr.. Biddle and Secretary OF
War Stimson had consented to the
fling of the motion. Otherwise the
court would be acting under cir
cumstances forbidden by presidential
proclamation.
The eight men are accused of
landing from submarines at night
on beaches Of Long Island and
Florida, bringing with them sizable
stores OF explosives and money. AL
were picked up before any actua
sabotage occurred.
If the motion should be granted
1t would be up to the Supreme Court
to decide what to do with the sus-
pected saboteurs. whether to remand
them to District Court for trial, OF
discharge them.
Justice Morris Ruling.
Justice Morris order denying the
Eabeas corpus writ follows:
The petitioner, Herbert Haupt
asks leave to file a petition for 6
writ of habeas corpus by his coun-
sel. 1t is conceded by petitioner
counsel that petitioner landed or
the coast of the United States ir
June lq42 from O Cerp,op cub