Evening star., 1944-06-19
Rogge Promises
Proof Of P|anto
Disrupt Army
u. S. Counters Pleu
For Directed AcquittoI
Based on Court RuIinq
BY CARTER BROOKE JONES.


Specific intent of the 90 defend
to incite the armed forces to dis
loyalty will be proved, Chief Prose-
cutor O. John Rogge promised in
District Court today in opposing a
defense motion for a directed ver-
dict of acquittal.
Urging an end to the prosecution,
in the light of the Supreme Courts
decision week ago in the Hartzel
case, E. Hilton Jackson, dean of
defense counsel, declared the mass
prosecution involved the same ques-
tions, and said the high court had
held the constitutional right to
freedom of speech allowed Hartzel
to do what he did
Chief Justice Edward C. Eicher
indicated, during Mr.. Rogge's argu-
ment, that portion of the Supreme
Courts majority opinion in the
Hartzel case, in the light of present
and promised evidence in the pres
ent trial, was causing him some
concern. The high courts view was
that, although Elmer Hartzel of
Chicago had mailed scurrilous
pamphlets to 600 persons, including
some Army officers, there was moth
ing in this inconsistent with an
effort to affect public opinion in
general, and not a special intent to
undermine the armed forces.
General Conspiracy Seen.
The whole difference, Mr.. Rogge
contended, was that Hartzel, so far
as the evidence against him showed,
acted independently as a citizen,
while the 20 defendants here were
alleged to have joined worldwide
Nazi conspiracy. The Government
would prove that this conspiracy
aimed to cause insubordination in
the United States forces, the prose-
cutor added.
Mr.. Rogge said there would be
further evidence of intent which
the Government had not yet dis
closed in his opening statement or
elsewhere.
I'VE will Show" Mr.. Rogge said,
that at meeting three of the
defendants discussed the possibility
to naming as their national leader
Gen. George Van Horn Moseley."
The evidence will show, Mr.. Rogge
added, that at this meeting it was
said that when the showdown came,
large segment of the Army would
join them.
Army Contacts Claimed.
At another conference between
two defendants, the prosecutor
promised to prove, one of them
said, Il have made my home an
open house for officers, and have
made some very good contacts"
Mr.. }Rogge also said he would
prove that one defendant addressed
to another defendant letter dis
cussing the interest Army officers
were taking in their movement.
The writer, Mr.. Rogge said, stat
ed: we are following the Hitler
pattern very closely"
No Intent Shown.
After three weeks of presenting
evidence against the 20 defendants
in the present case, Mr.. jackson
said in asking for a directed ac-
quittal, no intent on the part of any
one to incite mutiny or disloyalty
among the troops has been shown.
Instead, he said, I'VE have been
taken back to 1919 and have been
told something about German
hnn6 and tho y,,oct ma ho,,o 1,oo.s,
from the principal witness has con-
cerned anti-Semitism and anti
Communism"
With the .'ury excused until after
noon, Justice Eicher set aside the
morning for arguments on the di-
rected verdict.
1t was considered likely that JUS
tice Eicher, at the conclusion of
arguments, would take the question
under aovisement, meanwhile prob
ably allowing the trial to proceed.
Bund Commands Weighed.
The presiding judge has had un-
der consideration since Thursday
another defense motion to exclude
from the records document con-
tanning a series of commands to
members Of the German American
Bund. The defense contended this
exhibit had no purpose in the case
and its source had not been re-
vealed sufficiently. A Government
witness, William Luedkte, former
national secretary of the bund,
identified 1t as a copy OF the COM
mands.
In connection with this motion,
the defense asked a judicial inquiry
into how this paper got into the
Governments hands, charging it
was seized illegally when Federal
agents raided bund headquarters in
New York at the time of the Pearl
Harbor attack.
If testimony continues this aft
ernoon, Luedkte will resume the
stand to continue his recital of
bund activities the last two years of
its existence