Evening star., 1947-07-29
Transcript Of Hearing
In March Is Checked
By EisIer's S Counsel
By kewbold Moves, Jr.

James M. McInerney, first as
sistant in the Justice Departments
Criminal Division, underwent rigor-
Gus cross-examination today by de-
fense attorneys in the District Court
passport fraud trial of Gerhart
Eisler.
Mr. McInerney told the jury late
yesterday that the defendant, pur-
portedly the Kremlin's principal
agent in this country. admitted to
the Justice Department four months
ago that the American Communist
party paid some of his expenses
while he was in the United States
in the 1930s.
Chief Defense Counsel Abraham
j. Isserman, questioning Mr.. Nc
Inerney, held in his hand the off,
cial transcript OF an enemy alien
hearing March 81 in New York at
which Eisler was said to have made
the critical admissions.
Answers Checked Against Records.
Meticulously, the New York law
yer checked Mr.. McInerrey's an
swers OF yesterday against the ver-
batim record of the hearing, con-
centrating on bringing out explain
atory detail which had not been
mentioned by the Justice Depart
ment official.
In this way. it was brought out
that Eisler had denied that he had
belonged to the. American Com
munist Party or had operated within
Its framework in trying to enlist
support here for the underground
fight against Hitler, in which Eisler
insisted he was engaged.
Il used all the facilities of the
American Communist Party that I
could get" Eisler was quoted as say
ing. 90 got cooperation
that is what am grateful for.
Mr.. McInerney said Eisler also ad-
mltted he used aliases in this coun-
try and abroad and that Ameri-
can Communists paid for two of his
trips to Europe.
Eisler is being tried on a charge
that, when he applied for an
alien exit permit to his native
Germany in September. l945, he
fraudulently neglected to tell the
Government he had Communist
Affiliations. had used aliases and had
been in the United States during
the 1930s.
Defense Wins Round.
Mr. Isserman won a round on legal
points yesterday in gaining the
courts permission to see the record
Of the Justice Department enemy
alien hearing. The Government con-
tended it was confidential"
George F. Kneipp. special assistant
to the Attorney General, came to
the aid of Assistant United States
Attorney William Hitz, Government
prosecutor, in arguing that Eislers
lawyers should not be allowed a look
at the transcript. The Government
attorneys said they had used the
transcript in preparing their case.
Ruling for the defense, Justice
James W. Morris said he could not
understand how the official record
of a hearing could be considered
confidential when a prosecution wit
ness already had testified as to his
recollection of what happened at
the hearing.
Mr.. Httz would not tell reporters
whether the Government has any
more witnesses to present after the
defense finishes cross examining Mr..
McInerney. He said, however. he
hopes to be able to complete pres
entation of the case against Eisler
sometime today.
Mr. Hitz has been in hopes of
winding up the Governments case
from day to day since last We'd
nesday.
Tells OF EisIer's Admissions"
Eisler admitted at the March
hearing he received 1920 or $3.50 a
month If needed" from the Amer
lean Communists, Mr.. McInerney
said yesterday.
According to Mr.. McInerney. Eisler
said at that time that he came
to the United States in 1888 with
$500 In funds provided by the Ger
man Communist Party
Eisler was quoted as saying that
most of his financial support in this
country during the 1930s came from
a minimum amount" retained for
his own use from the anti Hitler
funds which he had collected. In
addition to this, Eisler was said to
have stated, he received a total of
about $1,000 from the American
Communist Party.
Unready on Dispositions.
Mr.. Hitz told the court the Gov
ernment Is not yet ready to an
nounce its position regarding a de-
tense request last week that deposi-
tions be taken in Canada as to the
whereabouts in 1888 of Tim Buck
and Sam Carr, two Canadians Com
munist leaders
Manning johnson. former Buffalo
Communist organizer and key
Government witness, had said that
these two men, In the summer of
1888. met with Eisler and Earl
Browder. former chairman of the
American Communist Party, in
Buffalo.
In asking the court to order taking
of dispositions on the subject. Eislers
lawyers said they had information