Evening star., 1947-06-24
Dennis Defense Loses
Fight 10 Bar Evidence
On House Committee

With the defense unsuccessful in
its fight to bar the admission of
Government evidence, the contempt
Of Congress trial of Eugene Dennis,
general secretary of the Communist
Party in America, moved forward
today in District Court.
Justice David A. Pine ruled, after.
extended arguments by opposing
counsel with the jury absent, that
"willful" means only deliberate and
Intentional" and not with an evil
intent or accidental"
In thus ruling, the jurist sided
with the Governments contention.
Dennis is charged with willfully
failing to comply with subpoena
to appear before the House Commit
tee on Un-American Activities on
April 9.
Defense Counsel Louis F. McCabe
of Philadelphia reserved the rest OF
his opening statement to the jury
which had been interrupted by Gov
ernment objections.
Statement Is Rejected.
Mr.. McCabe then unsuccessfully
sought to introduce evidence on be-
half of Dennis. Justice Pine ruled
that that must come at the end OF
the Governments case.
Mr.. McCabe handed Justice Pine
long typewriter statement, which
he said embodied his opening state
ment. After reading it, Justice Pine
rejected this offer and said state
ments in it violated his ruling.
The defense unsuccessfully OBJ
jected.to introduction In evidence of
documents designed to show the
legality of the committee. Assistant
United States Attorney John W..
Fihelly, the prosecutor, was sus-
tanned by the bench, however, and
he read them to the jury.
Mr.. McCabe contended that mas
much as Representative Rankin,
Democrat, of Mississippi is a COM
mittee member the whole commit
tee Is illegal He said Mr.. Rankin
was unlawfully elected because
Negroes are denied the right to vote
in primaries in Mississippi. Justice
Pine, however, overruled this objec-
ton.
Committee Called Conspiracy"
In his argument, Mr.. McCabe de-
clared the committee is engaged in
a conspiracy to control the thoughts
and actions of the American peo-
pie" He asserted it has "vilifled'
former Vice President Henry Wal
lace as part of conspiracy to
stamp out any progressive move
ment in America
He declared the committee is in
IAN Infamous conspiracy, has never
had an honest, decent purpose, is
unconstitutional and has no legisla-
tive purpose"
Mr.. McCabe said the committee
treated Fascists and NaZis, includ-
ing William Dudley Pelley and
George Sylvester Viereck, with def
erence.
Mr.. Fihelly, in his opening state
ment, said Dennis failure to obey
the subpoena was "as wilful as it
could be-" He said when Dennis
was given the subpoena in the COM
mittee room last March 26, he threw
it on a table. The committee sent
a telegram to him, reminding him
he was due April 9, but Dennis
failed to appear, the prosecutor
said.
Jury Sworn In.
After proceedings began yesterday,
a Jury and two alternates were
sworn in following searching in
quiry by opposing counsel into their
attitude and Affiliations. The jury
includes:
Harold w. Mackall. A, colored, of
BAL Howard road Sc. letter carrier.
Paul E. Burke, 40, of 1915 r street
Sc, Washington Paragraph Co.
employe.
William o. Howard, 80, of 1913 F
street NE, streetcar operator.
Mrs. Elizabeth Levine Holford, 35,
1914 Massachusetts, avenue NV,
Commerce Department statistician.
James L. Lineberger. 48, colored, of
942 o street NV, moving contractor.
Frank E. Jones. 54, colored, of 1885
Swarm street NV. Post ONCE clerk.
Mrs. Elizabeth M. Gingrich, "a. of
1891 Biltmore street NV, housewife.
Stanley D. Grant. So. colored. OF
1913 Adams street NV, letter carrier.
Mrs. Amanda E. Grigsby, 46, COL
ored, of 720 Park road NV, Navy
Department.
Fred E. Nef. Al. of 1917 Forty