Evening star., 1947-06-26
.keech toAcquif
.Anti-Fa Fascists
On Chief
Justice Will Direct
Verdict in Conspiracy
To Commit Contempt
By Newboid Moves, Jr.

District Court Justice Rich.
mond B. Keech will direct ver-
dict of acquittal on the first and
major count of the Governments
indictment against 16 leaders OF
the Anti-Fascist Refugee Com
mittee, he announced this after
noon. This count charges con-
spiracy to commit contempt of
Congress.
The jury of eight women and four
men is expected to decide tomorrow
the guilt or innocence of defendants
on the second count of the indict-
ment, which charges the contempt
itself.
Justice Keech's ruling obviously
came as a surprise blow to Govern
ment attorneys who have been
prosecuting the case since june Is.
Yesterday, the jurist temporarily
had denied defense motion for .
directed verdict.
Court Takes Recess.
He recessed the court when the
defense rested at 10:30 am. today,
in order to consider his final deci-
sion on the question.
The courtroom bailiffs had hard
time restraining the jubilation of
the Is defendants as Justice Keech
resumed the bench after lunch and
said:
'I am constrained to, rule that
there has not been sufficient evi-
dence to permit the case to go to
the jury as to count l."
The justice said he reached his
conclusion after much deliberate
consideration"
Recess Until Tomorrow.
After delivering his ruling, Justice
Keech recessed the court until 10
am tomorrow, in order 10 give de-
tense and prosecution lawyers time
to revamp their summation speeches
to the jury
The ruling on the motion for a
directed verdict was made in the
absence of the panel.
Tomorrow, after both sides have
summed up, Justice Keech will in
struct the jury that they must find
the defendants not guilty On the
conspiracy charge. e..
These were the two counts in the
indictment with which DR.. Edward.
K. Barsky and his associates on the
anti-fascist committees executive
board we're faced:
l. That they conspired last year
to withhold records of their organ
ization from the House Committee
on un-American activities. Con-
viction on this charge, felony,
would have rendered each of the
defendants liable to fine Of $10,-
900 and years imprisonment.
2. That, in contempt of the House
Committee, they did withhold rec
ords of their organization from the
House group. This charge, mis-
demeanor, carries a theoretical
maximum penalty of 1000 fine and
4 months to years imprisonment.
Believed First Such Case.
The anti-Fascist case is believed
to be the first case in which the
Government has indicted a group
for conspiracy to commit contempt
of Congress.
The mass trial seemed to be headed
for a speedy conclusion earlier when
Defense Counsel o. John Rogge
as Defense Counsel o. John Rogge
made last-mir1ute substitution on
his list of witnesses.
Mr.. Rogge had hoped to put for
mer Vice President Wallace on the
stand at 10 am. tomorrow as an
expert witness supporting the de-
fense contention that the House
Un-American Activities COMMITTEES
is unconstitutional
When it appeared the case would
close before Mr.. Wallace arrived in
Washington. the defense lawyer
called on Representative Eberharter.
Democrat, of Pennsylvania, for
mer member of the committee
AS had been expected in Mr.. WAL
lace's case, Mr.. Eberharter was not
allowed to answer questions for the
benefit of the jury. Nevertheless,
Mr. Rogge was able to put into the
trial record what the witness would
have said in IAN offer of proof"
made at the bench.
Other Witnesses Called.
Mr.. Eberharter was one of four
defense witnesses to take the stand
in the first half-hour of the morn
ing court session. The others,
appearing as character witnesses,
were Richard Watts. ir., drama. critic
for the New York Post; Michael
Nisselson, president of the Amalga-
mated Bank of New YORK City. and
Russell Nixon. Washington repre-
tSee ANTI-FASCISTS, Page A-4J
Mrs. Roosevelt Dropped