Evening star., 1947-06-14
Defense May Appeal
|keech 5 Ban on Shift ii.
Mass Contempt Trial
By NewboId Noyes, il.

The defense in the mass con-
tempt -of- Congress trial OF 49,
of the Joint Anti
Fascist Refugee Committee de-
bated today the possibility OF
petitioning the United States
Court OF Appeals to shift the
scene of the hearing to New
York.
As the trial got on to its second
start yesterday afternoon in District
Court, Justice Richmond B. Keech
denied this motion for change OF
venue.
He also denied a request by At
torney o. John Rogge that the trial
be held up until Monday to give the
defense time to petition the Court
Of Appeals for writ of mandamus
forcing Justice Keech to grant the
request that the trial be moved out
Of Washington.
I'VE have to start sometime, and
we are going to start now" Justice
Keech said.
Two-Day Respite Charged.
He pointed out to Mr.. Rogge that
the court does not meet today or
tomorrow, which would give attor- /
neys for DR.. Edward X. Barsky and
mis- associates on the Anti-Fascist |
Committees Board of Directors |
plenty Of time to consider seeking |
their second writ of mandamus.
It was success in his first trip to
the appeals tribunal Thursday
which brought Mr.. Rogge and his
clients before Justice Keech. The
Court OF Appeals. at that time,
barred Justice Holtzon from carry
ing ON with the trial, which had
opened before him Tuesday. The
defense had contended Justice Holt
zon was prejudiced in the case.
The trial was assigned to Justice
Keech by District Court Chief jus
tice Bolitha j. Laws.
When the court adjourned yes
terday. 1t already was further along
than it had been at the time of the
interruption. A jury Of seven
women and five men had been i'm
paneled, after the defense used
seven peremptory challenges to two
for the Government.
Two Alternates Chosen.
Also sworn In were two alternate
jurors, man and woman. The
defense exercised two peremptory
challenges during selection of the
alternates.
The defense was gratified by the
fact there were no Government en-
ployes among the jurors selected.
Mr.. Rogge had expressed his concern
on this point to reporters.
In the witch-hunt which has
followed the Governments loyalty
order Of March AZ, jury members
working for the Government would
feel their jobs were in jeopardy in
this trial." he asserted.
At the opening of yesterdays
session, Justice Keech turned down
a defense motion to dismiss charges
against the Anti-Fascist group. These
charges are that they conspired to
withhold, and did withhold, records
Of the organization from the House
Committee on Un-American Ac-
tivities last year.
$1,000 Fines Possible.
They carry maximum penalties of
$1l 900 fine and three years i'm
prisonment for each defendant.
The Anti-Fascist Conmittee de-
scribes Itself as asrslfef organization
primarily devoted to aiding Spanish
Republican refugees. 1t has been
described by the FBI as Com
munist front"
DR.. Barsky, New York surgeon.
is its chairman. Other defendants
are:
Howard Fast, author Of Citizen
Tom Paine" and other books; Lew
erett Gleason, publisher, the COM
mittee's treasurer; Herman Shumlin,
theatrical producer: Louise kamsly,
co-chairman of the women's divi-
sion of the committee DR. Louis
Miller and DR.. Jacob 'Auslander,
physicians; DR.. Lyman r. Bradley,
professor of romance languages,
New York University.
Also James Lustig, officer Of an
electrical workers union in Newark,
N. j.; DR.. Jesse Tolmach, derma-
tologist, on the Columbia Univer-
sity teaching staff; Charlotte Stern,
education director of a New York
hotel and restaurant employees
union; Manuel Magma, q Republi-
can veteran of the Spanish Civil
War subsequently naturaliZed as an
American citizen; Ruth Leider and
Harry M. Justiz, lawyers and Mar
jorie Chodorov and Mrs. Bobbie
Weinstein, housewives.
All are OF New York City.
Members Of Jury.
Members of the jury are:
Phoebe G. Abraham, 1924 Six
teenth street NV; Evelyn H. An
derson, 21l Ninth street NE; Jessie
P. Brooks. 1876 v street NV; Kath-
crime E. d'Andelet, 1904 Twenty
fourth street NV; Sargent C. Ell
lott, 1921 T street NV; Charles
S. Hellman, 1909 Jocelyn street NV:
Landon B. Holt, 1914 Fort Davis
street Sc; Ellen I. Knox, 5043 just
street NE; Mary /. Libert, SO AL
lison street NE; Lenwood H.
Murphy, l417 Otis place NV; Ver-
non H. Nelson, 124 Bryant street
NV, and Nellie H. Newman, 1897
Sixteenth street NV
Alternates are Minnie e. Ogden.
504O New Hampshire avenue NV
and Robert L. Stevens, 1909 Eleventh
street NV.