Evening star., 1944-09-15
Defense Objections
Block Examination
Of Sedition Witness
By CARTER BROOKE JONES,

1ne Sc0lClOu tTlAl, Ia recess until
Tuesday. closed last night in an up-
roar OF defense objections to Gov
ernment evidence concerning . Na1
meeting in Stuttgart. Germany,
which two defendants allegedly at
tended in 1887.
Chief Justice Edward c. Eicher re-
peatedly called for order as frayed
tempers broke and opposing counsel
exchanged bitter words.
Court adjourned with the main
testimony Of the witness, Hugh N.
Teller, former American vice con-
sui at Stuttgart. still unheard. The
prosecutor spent q futile hour tryinx
to submit the evidence, but was
blocked by running fire OF objec-
tions from the defense, whose COM
ments ranged from formal legal Ian
guage to shouts Of "debasing the
processes Of justice" and Moscow
mass trial"
Preliminary Story Given.
Mr.. Teller did succeed in giving q
preliminary description of an In
formal meeting during q convention
OF the Auslander Goreign) Organi-
zation which he and another vice
consul in the consulate general ut
Stuttgart attended by invitation.
The witness said they were intro
duced to two men from America,
named Kunze and Schwinn,. who
wore q strange uniform. He was
told, he said, that it was the uniform
of the German-American Bund.
Kunze was presented as deputy ma
tional gauleiter, Mr.. Teller AIDED,
and Schwinn as gauleiter for the
West. The witness identified the
defendant, Herman Max Schwinn, as
one of the two, but was not asked by
Chief Prosecutor o. John Rogge to-
identify the other defendant, Ger
hard wilhelm Kunze, who later be-
came national bund leader.
Kunze Is Described.
Mr.. Teller described Kunze as Of
medium height. with brown hair and
smooth shaven. Kunze now wears
4 brown beard. He is around feet
tall. He was born in the United
States. Schwinn was born in Ger
many.
Did you see any salutes at that
meeting?" the witness was asked.
"Yes, many" said Mr.. Teller.
When he was asked to describe
the salutes, defense counsel objected
en- masse. The court was reminded
that America was not then at war
with Germany, that it was only in
ternational courtesy for any one
present to give the salute Of the
country.
This evidence is only hanky
panky," shouted Joseph H. Bilbrey.
TT proves nothing and is intro
duced only to prejudice the jury.
This is debasing the process of
justice"
Moscow Trial Mentioned.
"Its more hysteria," Ira Chase
Koehne contended. ITS perfectly
in accordance with the Moscow mass
trial"
The witness finally was allowed to
describe the Nazi salute. Asked If
Schwinn and Kunze spoke, Mr..
Teller said they did, but he could
recall only the general tenor OF what
they said.
The court sustained an objection
to general tenor" restricting the
witness to what he could remember
Of their speeches. But when he
attempted to recall, there was
fresh outburst of objections.
Counsel" retorted Prosecutor !
Rogge. "are trying to obstruct the
testimony of this witness all they !
,an" :
That's an insult" shouted Ben
Lindas. attorney for George Syl-
vester Viereck. 8
Rogge Answers Defense.
At another point in the argument, I
Mr.. Rogge snapped: They have 8
tried their best to keep this witness !
from being ineligible to the court"
j. Austin Latimer and other de-
tense attorneys took violent excep-
ton to the prosecutors comments. {
The court was reminded that the
visit of Kunze and Schwinn to Ger
many took place several years be-
fore passage of the act which the
rs defendants are charged with
violating. The act forbids melting
or mutiny among the
armed forces. The court overruled
all objections to the line of testi-
mony.
Mr.. Teller will resume the stand
Justice Eicher recessed the trial
over Monday to accommodate .
Juror who asked time to look after
urgent business. To make up for
the lost day, an extra session will
be held Friday, October 6, the court