Evening star., 1944-06-16
Eicher Considers Plea
By Bund Leader TO
Return 10 Mexico
BY CARTER BROOKE JONES.


sedition case, Gerhard Wilhelm
Kunze, last national leader Of The
American Bund, wants tc
go back to Mexico. to which he fec
in l941 ahead of several granC
juries, renouncing his American cit
izenship and asking asylum as a
political refugee
Chief Justice Edward c. Eicher OF
District Court had under advisement
today an application which Kunze
made through his court-appointed
attorney, P. Bateman Ennis, late yes
terday to be handed over to the
Mexican immigration authorities
The Mexicans assertedly took Kunze
to the border in 1941 and allowed
him to be "kidnaped" by FBI agents.
Since his unwilling return to the
United States Kunze has been con-
victed of espionage and sentenced to
IS years in a Federal Court at Hart
ford, Conn, and drawn another
five years in the United States
Court for the Southern District Of
New York for obstructing selective
service. The Supreme Court has
agreed to review the seleCtive Sery-
ice conviction. The former bund
fuehrer faces along with his %
fellow defendants, possible 10
years additional on the pending
charge of conspiring to incite mu-
tiny in the armed forces.
Trial Is in Recess.
With the sedition trial in recess
until Monday. Justice EiCher pom
dered also defense motion to eX-
clude from the record a series of
bund commands" offered in evil
dence by the Government, including
one order by Kunze for bundists to
register promptly for selective serv-
ice but do everything possible to
avoid military duty.
The presiding judge also has
agreed to hear Monday morning, in
the absence of the jury, arguments
over another defense motion for
directed verdict of acquittal on the
contention that the decision of the
Supreme Court Monday in the Hart
eel sedition case invalidated the
present charge. The Hartzel con-
viction was reversed on the ground
that the Government failed to prove
intent or attempt to undermine the
loyalty of soldiers and sailors.
KunZe was a naturalized citizen.
as all the officials of the bund were
in it's latter years. Mr.. Ennis told
the court that Kunze entered Mexico
before the United States went to war
with Germany and without anything
against him" in this country. While
in Mexico, the attorney said, Kunze
renounced his American citizenship
and applied at the German Legation
for his first papers as d. German
citizen. The defendant also asked
the Mexican authorities to grant
him asylum and intern him as a
political refugee.
Returned to L. S. Border.
Returned forcibly to the United
States border. Kunze was granted a
hearing by United States immigra-
ton board. Mr. Ennis read excerpts
from the hearing which the Govern
ment had furnished him. The tram
script showed that the board held
Kunze ineligible for readmission toI
this country. $50 far as I am con-
cerned," Kunze was quoted as say
ing, "I am a German" But the
board then decided to parole"
Kunze to the FBI agents, who held
a warrant charging espionage.
Mr.. Ennis pointed out that the ex-
tradition treaty of 1899 between the
United States and Mexico does not
list espionage as one of the crimes
covered.
Chief Prosecutor o. John Rogge
said the fact that Kunze was phys
ically present at this trial was the
controlling factor which gave the
court jurisdiction.
There is a long line Of decisions, =
said Mr. Rogge, holding that if a
defendant is in court, it does not
matter how he got there"
Leudkte OH Stand.
William Leudkte, national secre-
tary of the bund from late in 1889
until Federal agents closed its Offices
and seized its records after the
attack on Pearl Harbor, was on the
stand when the weekend adjourn
ment was taken yesterday. He still
was in an early stage of his testi-
nony, but underwent searching
cross-eXamination on his identifica-
ton Of the minutes of a bund con-
vention and of some 200 copies OF
the bund's official newspaper.
Leudkte said he was at national
headquarters in New York when
Treasury agents arrived. but he did
not know whether they carried
legal process authorizing search and
seizure. Bund officials remained for
perhaps an hour, he said. and then
were told to leave. The defense had
questioned the legality of this raid
and asked Justice Eicher to conduct
an inquiry into its circumstances
one of the legal questions which he
is considering