Evening star., 1947-08-14
Prosecutor Tells Jury
To Apply Law 10 Eisler
As in Ordinary Cases
By kewboId Moves, Jr.

By kewboId Noyes. Jr.
The Government prosecutor called
today for the conviction Of Gerhart
Eisler on passport fraud charges,
urging jurors in the month-old Dis
trict Court case to see to it that the
same law be made to apply to the
alleged kremlin agent as applies to
ordinary Americans.
The summation by Assistant
United States Attorney William Hitz
was crisp and matter -of-fact. The
young attorney told the panel of
seven men and five women "the
issues in this case are simple issues" :"
Eisler, he pointed out, has ad-
mitted most of the elements of the
Governments indictment.
Didn't Tell of Connections.
The indictment charges that when
Eisler applied for an alien exit
permit to his native Germany in
1945, he fraudulently neglected to
tell the Government he had Com
munist affiliations, had used aliases
and had been in the United States
in 1885 and 1886.
Eisler has been denounced as a
leading agent OF international COM
munism in this country, a sort of
backstage impresario OF the Com
munist circus here.
1--WE Just want Mr.. Eisler to con-
form to the same laws that you and
1 have to conform to-" Mr.. Hitz told
the jurors, seven of whom are COL
ored. "He is given all OF our rights,
but he is not given any privileges
greater than ours"
Eisler Takes Notes.
Eisler, shapeless little figure in
shapeless gray suit. sat beside his
lawyers quietly taking notes on the
Government prosecutors address.
Mr.. Hitz said Eisler had admitted
that he was a member of the Ger
man Communist party and the evi-
dence showed he had been affiliated
with the American branch of the
party. Eisler should have said this
in his exit permit application, which
asked what organizations he be-
longed to and was affiliated with
Mr. Hitz said.
In brief review of Eisler's career
the prosecutor asserted 1t had been
proved he was known at various
times as Gerhart, Edwards, Brown
Samuel Liptzin, Hans Berger and
Julius Eisman. The defendant ad-
mitted the use of the names Ed
wards and Samuel Liptzin, Mr.. Hitz
added.
Failure Is Explained.
Eisler explained his failure to list
these names in the 1945 application
with the contention he had never
lived under" them, Mr.. Hitz said.
But" the prosecutor added, 1T
isn't necessary for a man to wear a
sandwich board on the back of his
coat in order for him to have been
using a name, and to have been
known by it."
Eisler concealed his Communist
afflliation from the Government, Mr.
Hitz argued, because he had been
warned in France before coming to
this country as a refugee in 1941
that disclosing these Affiliations
might make it difficult for him to
get to Mexico. his intended des-
tination.
Avoided Contact With Reds.
Mr.. Hitz admitted Eisler had
"studieusly kept away from Com
munist associations" since his ar
rival here in 1941. 1t was between
1888 and 1886, the Government
contends, that Eisler served here
as representative of the Communist
International
The Government attorney took
issue with statements in the Com.
munist newspaper, Daily Worker
that the atmosphere at the tria
had been soaked with fear ane
prejudice.
The prosecutor opened his hour.
long address with tribute to Jus.
tice James w. Morris. whom hi
called "a very human and very
lovable person"
Justice Morris has presided at tn,
trial since 1t opened July IA.
nY:k~,<3or n,,~ Tou,nrrn
Justice Morris devoted most of yes
terday reconsideration of suggestion
as to legal points to be covered 4
his jury charge. The defense had 13'
ideas on this subject. The Govern
ment had 10.
Attorneys for both sides confident
ly predicted the case would pass int
the hands of the jury of seven mel
and five women by tomorrow.
A quick end to the trial was as
Sursd late yesterday when Govern
ment and defense lawyers agrees
TO stipulation regarding the tes
timony of a Canadian Communis
leader. identified by the prosecution
as having attended a secret meet
ing in Buffalo, N. Y, in 1888. will
Eisler and Earl Browder, then hea'
of the American Communist Party
Agree On Testimony.
He Is Stewart o. Smith, of To
ronto. BY agreeing that If MI
Smith were called he would say h
attended no such meeting and ha,
never seen Eisler. the lawyers mad
it unnecessary for the trial to b
prolonged until he could appear a
a witness or until his deposition
could be taken in Canada.
1t was stipulated, at the sam
time, that If Sergt. Maj. REGINALD
w. Irvine of the Royal Canadial
Mounted Police. a previous Gov
ernment witness, were recalled b
the stand. he would testify that tn
Canadian Communist Party was Il