Evening star., 1942-07-30
Court Expected
To Rule Today in
Saboteur Case
Closing Arguments
Begun on Challenge
To Trial Commission
Bv JAMES f. CHINN.

The Supreme Court convened
again at noon today to hear
further argument on the claim OF
seven of the eight Nazis who
came by submarine, equipped to
blast and burn Americas war
plants. that they have the right
of trial in civil courts.
AS the tribunal met for the second
session of it's historic proceedings in
the saboteur case, there were indi-
cations it may reach verdict be-
fore adjournment.
Attorney General Biddle. one of
the leaders of the Governments
prosecuting staff, Immediately re-
sumed his argument against grant,
ing the petitions for writs of habeas
corpus.
Col Kenneth C. Royal. the
Southerner who is representing the
prisoners before the court. was to
follow the Attorney General.
Early Decision Expected.
Mr.. Biddle expected to take an
hour to complete his argument. Col.s
Royal said ne would not take more
than 80 minutes with his rebuttal.
but questions which the Supreme
Court justices undoubtedly will ask.
will add to that time, making a de-
cision by the tribunal improbable
before o'clock.
The court was not as crowded to-
day as it was yesterday when the
extraordinary session was opened.
There were at least a dozen vacant
seats in the section reserved fors
visitors. The public is being adj
mitted to the hearing, but only In
limited NUMBERS. The court seats
about 200. /
Eight of the nine justices were
present. Justice Douglas, who was
absent yesterday because of the
long train trip from Oregon, ar
rived overnight and took his place
between Justices Reed and Byrnes.,
The only member missing was JUS.
tice Murphy, who disqualified him.
self because he is on duty as lieu
tenant colonel in the Army.
Attorney General Biddle, resum-
ing his argument, pointed out at
the outset that the eight saboteurs
were born in Germany and had
been trained in the art of sabotage
at special academy conducted by
the German high command near
Berlin, before they came to this
country in U-boats to carry out a
program designed to cripple and
destroy vital American war indus
tries.
Biddle Resumes Statement.
Addressing the court in his pre-.
else manner. Mr.. Biddle asserted
that it was significant that the
prisoners travelled back to Germany.
from the United States on money
furnished by the German govern
ment, and that Herbert Hans
Haupt, youngest defendant and the
only one who claims American citi-
zenship, travelled on German pass
port.
Just before the proceeding was
resumed, lawyers got laugh from
an anonymous telegram sent by a
Well-Wlsher to the defense counsel,
advising them to look up the fa-'
nous Milligan case. This Civil War
case is one with which every law
yer participating in the action is
most familiar.
The Attorney General asked the
court to overrule the Milligan case,
even though 1t decides to throw
out the present case on the ground
that the prisoners are not entitled
to be heard in the civil courts.
He termed the Milligan case bad
law In that case, the Supreme
Court issued a writ of habeas cor
pus for an Indiana citizen who was
held for trial before a military COM
mission. President Lincoln defled
the courts ruling in the matter.
Earlier, the special military COM
mission trying the saboteurs abrupt
ly called of scheduled session to
await the Supreme Courts deci-
sion. tr
Decision of the commission Of
seven generals not to meet this
morning came with surprising sud-
denness.
The Nazi agents had been brought
to the Justice Department where
their trial is being held, and taken
to their regular seats in the impro--
vised court room waiting for the
commission to convene. Word came
shortly after 10 o'clock, however,
that the commission would not re-
sumo its proceedings until tomorrow.
Continued on Page A-4, Column IL,
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