Evening star., 1943-03-02
Release Of Viereck
Sought by Counsel as
Verdict Reversed
Adkins, Meanwhile, to
Hear Challenge to Laws
On MoruIe' Indictments

Counsel for George Sylvester
Viereck planned today to seek the
release OF the Nazi propagandist
whose conviction on charges of fail
ing to furnish certain information
when registering under the Foreign
Agents Registration Act was over
turned yesterday by the Supreme
Court.
o. r. Mcclure, representing
Viereck, who has been in District
Jail for the past year, said he would
ask the Justice Department to join
with him in seeking to speed the
mandate of the Supreme Court,
which ordinarily has Is days in
which to issue.
If the mandate is sent to District
Court Immediately, Col. MCGUIRE
said, he then will seek bond for
Viereck, who also Is a defendant
along with 80 other individuals and
one corporation accused OF conspir-
ing to undermine the morale Of the
armed forces. Viereck had been de-
MED bond while his appeal vas
pending in District Court, where he
received a two-to- six-year sentence.
Justice Department officials agreed
that the Supreme Court ruling ap-
parently will result in Viereck's re-
lease, and indicated they had not
decided whether to press the sedition
charge.
To Hear Challenge Today.
Concurrently, today, Justice Jesse
G. Adkins was expected to hear ar
guments in District Court challeng-
ing the constitutionality OF laws
under which the morale" indict-
ments were brought.
Justice Adkins yesterday over
ruled a series of motions attacking
the indictment by defense counsel,
who alleged that grand jury wit
nesses had been coerced by a Gov
ernment prosecutor and that nu-
merous improprieties had been
committed by various persons con-
nected with the investigation.
The Supreme Court reversal of the
Viereck conviction was based on the
grounds that the defendant was not
required under the Registration Act
to detail certain activities the Gov
ernment contended should have been
described according to registration
regulations prescribed by the Sec
retary of State. Chief Justice Stone
read the decision in which Justice
Roberts, Reed, Frankfurter and
Murphy joined. Justices Black and
Douglas dissented and Justices Jack
son and Rutledge did not participate
In the case.
The language OF Prosecutor
Maloney to which the court took
exception was in the closing state
ment to the jury which convicted
Viereck, and which was character
lied as highly prejudicial" to the
defendant.
"A prosecutor" Chief Justice Stone
said, may prosecute with earnest
ness and vigor-indeed he should do
so. But while he is at liberty to
strike hard blows, he is not at liberty
to strike foul ones"
The language criticized by the
court was this:
I'm closing, let me remind you
(the jury that this is war, harsh,
cruel, murderous war. There are
those who right this moment are
plotting your death and my death;
plotting our death and the death of
our families because we have COM
mitted no other crime than that we
do not agree with their ideas of per-
secution and concentration camps.
DUTY to Perform"
This is war. 1t is g. fight to the
death. The American people are re-
lying upon you for their pro-
lection against this sort of a crime
just as much as they are relying
upon the protection of the men who
man the guns In Bataan Peninsula,
and everywhere else. :" ;" We are at
war. You have a duty to perform
here.
LAS representative of your Gov
ernment. 1 am calling upon every
one of YOU to do YOUR duty"