Evening star. [volume] (Washington, D.C.) 1854-1972, 1943-03-01
Court Reverses
ViereckV Verdict:
Hits Foul Blows
Majority Opinion
Is Read by Stone;
Z Justices Dissent
BY ]. A. FOX.

The Supreme Court today re-
versed the conviction of George
Sylvester Viereck, Nazi propa
gandist, who was accused of fail
Ing to furnish certain informa
ton to the Government when
registering under the Foreign
Agents Registration Act, and at
the same time denounced the
closing address of the Govern
ment William Pow
er Maloney-as high prejudi-
cial" to the defendant.
A prosecutor, the court said in the
So decision read by Chief Justice
Stone, may prosecute with earnest
ness and vigor-indeed he should do
so. But while he may strike hard
blows, he is not at liberty to strike
foul ones"
The court did not name Mr.. Ma
!oney and the reversal was not based
on the character of the statement
10 the jury, but on the courts find
ing that Viereck was not required to
furnish the information he was &C
cused of withholding, under regu-
lations prescribed by the Secretary
OF State in connection with the law
Next Step Uncertain.
While the case was remanded to
District Court. where Viereck was
convicted, for further proceedings, "
Justice Department attorneys were
not certain, until they digested the
opinion, just what the next step
would be. 1t was regarded unlikely
that another indictment would be
sought against Viereck on the same
charges. In that event today's re-
versal will mean he goes free.
Col. o. r. Mcclure, counsel for
Viereck, said he would seek the i'm
mediate release of his client, who
has been in Jail for a year. He will
ask the Justice Department to agree
to have the mandate of the Supreme
Court forwarded to District Court at
once, instead of waiting for the sta
tutory Is days, and then will seek
bond for Viereck, who is under in
dictment in another case with more
than q score Of defendants who are
accused of conspdring to undermine
the morale of the armed forces.
Viereck was sentenced to two to
six years.
The language to which the court
objected was this:
Lot
(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. It is a 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 al
war. You have duty to perform
here.
AS representative of your Gov.
eminent, l am calling upon every
one OF you to do your duty"
Justices Black and Douglas dis.
sented and Justices Jackson ane
Rutledge did not participate.
Calls Appeal Irrelevant"
Justice Stone said the prosecuting
attorney, in his closing remarks tC
the jury. INDUCED in an appea
wholly irrelevant to any facts OF
Issues in the case, the purpose anc
effect Of which could only have beer
10 arouse passion and prejudice"
AT time when passion anc
prejudice are heightened by emo
tons stirred by our participation ir
great war" the Chief Justice said
we do not doubt that these remarks
addressed to the jury were highly
prejudicial and that they were
offensive to the dignity and gooe
order which all proceedings in cour'
should be conducted"
Justice Stone declared that Vier
eek was under no compulsion t;
disclose activities which were who'll
on his own behalf-the basis of tn
conviction.
The prosecutors conduct. the cour
said, we think prejudiced peti
toners right to a fair trial, anc
Independently of the error for whicl
We reverse might we'll have place,
the judgment of conviction il
jeopardy"
The trial judge overruled. as com
Ing TOO late, petitioners objection
FIST made in the course of tn
courts charge to the jury
We think that the trial iudg
should have stopped counsels dis
course without waiting for an objec
ton"
The trial was before Justice Lett:
Edward Hickey assisted Mr.. Ma
loney.
The dissent by Justice Black ant
Justice Douglas declared that tn
court opinion holds that the pc
tttioner could keep secret, withou
violating the law. those propaganda
activities undertaken on his owl
tehalf, which were of exactly tn
game type and were intended t
accomplish exactly the same pur
pose as those for which he had beef
hired by his German principals"
Black Defends Prosecutor.
With reference to the courts at
tack on the prosecutors final ad
Dress, Justice Black concluded: a
prosecutor must draw a careful line
On the one hand. he should be fair
Continued on Page 2-X, Column 8